Queensland Bills Queensland Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
DENTAL TECHNICIANS AND
DENTAL PROSTHETISTS
REGISTRATION BILL 2001
Queensland
DENTAL TECHNICIANS AND DENTAL
PROSTHETISTS REGISTRATION
BILL 2001
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
Division 1--Introduction
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Division 2--Operation of Act
3 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
4 The legislative scheme. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
5 Board's decisions to accord with decisions of certain bodies under the
Health Practitioners (Professional Standards) Act 1999 . . . . . . . . . . . . . . . . 14
6 Mutual recognition legislation not affected. . . . . . . . . . . . . . . . . . . . . . . . . . 15
Division 3--Objects
7 Objects of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Division 4--Interpretation
8 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
PART 2--DENTAL TECHNICIANS AND DENTAL
PROSTHETISTS BOARD OF QUEENSLAND
Division 1--Establishment and functions
9 Establishment of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
10 Board's relationship with the State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
11 Functions of board. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
12 Board's independence etc.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
13 Powers of board. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
14 Delegation by board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
2
Dental Technicians and Dental Prosthetists Registration Bill 2001
Division 2--Membership
15 Membership of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
16 Registrant members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
17 Public members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
18 Certain nominee board members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
19 Chairperson and deputy chairperson of board. . . . . . . . . . . . . . . . . . . . . . . . 22
20 Term of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
21 Disqualification from membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
22 Vacation of office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
23 When notice of resignation takes effect . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
24 Leave of absence for a member. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
25 Effect of vacancy in membership of board . . . . . . . . . . . . . . . . . . . . . . . . . . 24
26 Remuneration of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Division 3--Board business
27 Conduct of business. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
28 Times and places of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
29 Quorum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
30 Presiding at meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
31 Conduct of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
32 Minutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Division 4--Board committees
33 Committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
34 Remuneration of committee members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Division 5--Disclosure of interests by board members and committee
members
35 Disclosure of interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Division 6--Directions by Minister
36 Minister's power to give directions in the public interest . . . . . . . . . . . . . . . 28
Division 7--Annual reports
37 Matters to be included in annual report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Division 8--Other provisions about the board
38 Board is statutory body under the Financial Administration and Audit
Act 1977 ................................................ 30
3
Dental Technicians and Dental Prosthetists Registration Bill 2001
39 Board is statutory body under the Statutory Bodies Financial
Arrangements Act 1982. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
40 Board's common seal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
PART 3--REGISTRATION
Division 1--Preliminary
41 Who may apply for registration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Division 2--Applications for general registration
Subdivision 1--Applications
42 Procedural requirements for applications . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Subdivision 2--Eligibility for general registration
43 Eligibility. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
44 When applicant is qualified for general registration . . . . . . . . . . . . . . . . . . . 32
45 Fitness to practise the profession. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Subdivision 3--Inquiries into applications
46 Board's powers before deciding applications . . . . . . . . . . . . . . . . . . . . . . . . 35
47 Appointment of appropriately qualified person to conduct health
assessment ............................................ 36
48 Report about health assessment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
49 Use of assessment report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
50 Payment for health assessments and reports . . . . . . . . . . . . . . . . . . . . . . . . . 37
Subdivision 4--Decision on applications
51 Decision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
52 Steps to be taken after application decided . . . . . . . . . . . . . . . . . . . . . . . . . . 38
53 Failure to decide applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
54 Further consideration of applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
Subdivision 5--Information in certificates of general registration
55 Forms of certificates of general registration . . . . . . . . . . . . . . . . . . . . . . . . . 40
Subdivision 6--Period of general registration
56 Period. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
Subdivision 7--Conditions of general registration
57 Imposition of conditions by board. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
58 Contravention of conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
4
Dental Technicians and Dental Prosthetists Registration Bill 2001
Division 3--Provisional general registration
59 Meaning of "authorised person" for div 3. . . . . . . . . . . . . . . . . . . . . . . . . . . 42
60 Provisional general registration of a person . . . . . . . . . . . . . . . . . . . . . . . . . 43
61 Confirmation or cancellation of provisional general registration . . . . . . . . . 44
62 Procedure after cancellation of provisional general registration . . . . . . . . . . 44
63 Form of certificate of provisional general registration . . . . . . . . . . . . . . . . . 44
64 Period. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
65 Board decides to register provisional general registrant as a general
registrant .............................................. 45
66 Board decides to refuse to register provisional general registrant as a
general registrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
67 Deemed refusal by board to register provisional general registrant as a
general registrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
Division 4--Renewal of general registrations
Subdivision 1--Preliminary
68 Meaning of "recency of practice requirements" . . . . . . . . . . . . . . . . . . . . . . 46
Subdivision 2--Applications for renewal of general registrations
69 Notification of imminent expiry of registration. . . . . . . . . . . . . . . . . . . . . . . 47
70 Procedural requirements for applications . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
71 General registration taken to be in force while application is considered 48
Subdivision 3--Decision on applications
72 Inquiries into applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
73 Decision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
74 Recency of practice requirements are not satisfied . . . . . . . . . . . . . . . . . . . . 50
75 Steps to be taken after application decided . . . . . . . . . . . . . . . . . . . . . . . . . . 51
Division 5--Restoration of general registrations
76 Application of div 4, sdivs 1 and 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
77 When an application for restoration of a general registration may be made. 51
78 Procedural requirements for applications . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
79 Restoration of general registration as dental prosthetist . . . . . . . . . . . . . . . . 52
80 Period of restored registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
81 Conditions of expired registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
82 When recency of practice conditions take effect. . . . . . . . . . . . . . . . . . . . . . 53
5
Dental Technicians and Dental Prosthetists Registration Bill 2001
Division 6--Cancellation of general registrations
83 Ground for cancellation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
84 Show cause notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
85 Representations about show cause notices . . . . . . . . . . . . . . . . . . . . . . . . . . 54
86 Ending show cause process without further action . . . . . . . . . . . . . . . . . . . . 54
87 Cancellation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
88 Return of cancelled certificate of general registration to board . . . . . . . . . . 55
Division 7--Reviewing conditions of general registrations
Subdivision 1--Review of conditions imposed by the board or District
Court
89 Review of conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
90 How registrant may start a review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
91 Review of conditions during review period. . . . . . . . . . . . . . . . . . . . . . . . . . 57
92 Board's powers before making decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
93 Application of ss 4750. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
94 Deemed withdrawal of application etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
95 Decision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
96 When decision takes effect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
97 Effect on dental prosthetics registration if conditions on dental
technician registration are changed or removed . . . . . . . . . . . . . . . . . . . . . . 60
98 Failure by board to make decision on application. . . . . . . . . . . . . . . . . . . . . 61
99 Failure by board to make decision on review agreed to under s 91 . . . . . . . 62
100 Further decision required if certain conditions changed . . . . . . . . . . . . . . . . 62
Subdivision 2--Recording change, or removal, of conditions
101 Amendment of, or replacing, certificates of general registration . . . . . . . . . 63
Division 8--Special purpose registrations
Subdivision 1--Applications for special purpose registration
102 Undertaking of special activities relating to the profession . . . . . . . . . . . . . 64
103 Application of divs 2 and 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
104 Eligibility. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
105 Qualifications for special purpose registration . . . . . . . . . . . . . . . . . . . . . . . 65
106 Suitability to be a special purpose registrant. . . . . . . . . . . . . . . . . . . . . . . . . 66
107 Period of special purpose registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
6
Dental Technicians and Dental Prosthetists Registration Bill 2001
108 Imposition of conditions by board. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
109 Contravention of conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
Subdivision 2--Renewal of special purpose registrations
110 Application of div 4, sdivs 2 and 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
111 Matters that may be considered in deciding whether to renew special
purpose registrations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
112 Imposition of conditions by board. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
113 Period of renewed special purpose registration. . . . . . . . . . . . . . . . . . . . . . . 68
Subdivision 3--Cancellation of special purpose registrations
114 Application of div 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
115 Grounds for cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
Subdivision 4--Removal of conditions
116 Removal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
Division 9--General provisions about registrations
117 Person is taken to be registered under this part . . . . . . . . . . . . . . . . . . . . . . . 70
118 Surrender of registrations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
119 Effect on dental prosthetics registration if registration as dental
technician ceases to have effect. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
120 Replacement of certificates of registration . . . . . . . . . . . . . . . . . . . . . . . . . . 71
121 Certified copy of certificates of registration . . . . . . . . . . . . . . . . . . . . . . . . . 72
122 Notification of change in circumstances . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
123 Decision about recording certain conditions in register . . . . . . . . . . . . . . . . 72
124 Notification of certain events to interstate regulatory authorities and
other entities ............................................. 72
PART 4--OBLIGATIONS OF REGISTRANTS AND OTHER
PERSONS
Division 1--Restricted titles and holding out
125 Taking of restricted titles etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
126 Claims by persons as to registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
127 Claims by persons as to other persons' registration . . . . . . . . . . . . . . . . . . . 76
128 Restrictions on special purpose registrants, provisional general
registrants and provisional special purpose registrants . . . . . . . . . . . . . . . . . 76
129 Restrictions on registrants registered on conditions . . . . . . . . . . . . . . . . . . . 77
7
Dental Technicians and Dental Prosthetists Registration Bill 2001
Division 2--Notification of business names and other details
130 Notification of business names etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
131 Notification of change in business names etc.. . . . . . . . . . . . . . . . . . . . . . . . 78
Division 3--Advertising
132 Obligations of advertisers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
133 Information to appear in advertisements . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
Division 4--Registrants' autonomy
134 Aiding and abetting etc. conduct that is a ground for disciplinary
action ............................................. 80
Division 5--Court orders and injunctions
135 Persons may be prohibited from supplying health services etc. . . . . . . . . . . 80
136 Injunctions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
Division 6--Reprisals
137 Reprisal and grounds for reprisals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
138 Offence for taking reprisal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
139 Damages entitlement for reprisal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
Division 7--Other provisions
140 Payment, or acceptance of payment, for referrals prohibited . . . . . . . . . . . . 84
PART 5--INVESTIGATION AND ENFORCEMENT
Division 1--Inspectors
141 Functions of inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
142 Powers of inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
143 Limitation on powers of inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
Division 2--Appointment of inspectors and other matters
144 Appointments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
145 Appointment conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
146 Identity cards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
147 Failure to return identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
148 Production or display of inspector's identity card. . . . . . . . . . . . . . . . . . . . . 86
Division 3--Powers of inspectors
Subdivision 1--Entry of places
149 Power to enter places. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
8
Dental Technicians and Dental Prosthetists Registration Bill 2001
Subdivision 2--Procedure for entry
150 Entry with consent. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
151 Application for warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
152 Issue of warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
153 Special warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
154 Warrants--procedure before entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
Subdivision 3--Powers after entry
155 General powers after entering places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
156 Failure to help inspector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
157 Failure to give information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
Subdivision 4--Power to seize evidence
158 Seizing evidence at a place that may be entered without consent or
warrant ............................................. 92
159 Seizing evidence at a place that may only be entered with consent or
warrant ............................................... 93
160 Securing seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
161 Tampering with seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
162 Powers to support seizure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
163 Receipts for seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
164 Forfeiture of seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
165 Forfeiture on conviction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
166 Dealing with forfeited things etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
167 Return of seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
168 Access to seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
Subdivision 5--Power to obtain information
169 Power to require name and address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
170 Failure to give name or address. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
171 Power to require production of documents . . . . . . . . . . . . . . . . . . . . . . . . . . 98
172 Failure to produce document . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
173 Power to require information. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
Division 4--General enforcement matters
174 Notice of damage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
175 Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
9
Dental Technicians and Dental Prosthetists Registration Bill 2001
176 False or misleading information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
177 False or misleading documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
178 Obstructing inspectors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
179 Impersonation of inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
PART 6--APPEALS
180 Who may appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
181 Starting appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
182 Hearing procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
183 Powers of court on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
184 Appointment of assessors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
PART 7--LEGAL PROCEEDINGS
Division 1--Evidence
185 Application of division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
186 Appointments and authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
187 Signatures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
188 Evidentiary provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
Division 2--Proceedings
189 Indictable and summary offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
190 Proceedings for indictable offences. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
191 Limitation on who may summarily hear indictable offence . . . . . . . . . . . . . 107
192 Limitation on time for starting summary proceedings . . . . . . . . . . . . . . . . . 107
193 Allegations of false or misleading information or documents . . . . . . . . . . . 107
194 Penalties to be paid to board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
195 Responsibility for acts or omissions of representatives . . . . . . . . . . . . . . . . 107
196 Executive officers must ensure corporation complies with Act. . . . . . . . . . . 108
PART 8--REGISTER, RECORDS AND INFORMATION
Division 1--Register
197 Register to be kept . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
198 Inspection of register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
Division 2--Records to be kept
199 Records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
10
Dental Technicians and Dental Prosthetists Registration Bill 2001
Division 3--Information
200 Confidentiality of information. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111
201 Board's annual report must disclose authorisation . . . . . . . . . . . . . . . . . . . . 112
PART 9--MISCELLANEOUS
Division 1--Abandoned, and other, health records
202 Definitions for div 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
203 Board may take possession of abandoned health records . . . . . . . . . . . . . . . 113
204 Health records forming part of deceased estate. . . . . . . . . . . . . . . . . . . . . . . 113
205 Health records of persons convicted of an offence against s 125(1) or
(6) or 126 ................................................ 114
206 Dealing with certain health records seized under s 158 or 159. . . . . . . . . . . 114
207 How board may deal with health records . . . . . . . . . . . . . . . . . . . . . . . . . . . 114
208 Destruction of health records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115
Division 2--Continuing professional education of registrants
209 Continuing professional education programs . . . . . . . . . . . . . . . . . . . . . . . . 115
Division 3--Declared events
210 Definitions for div 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116
211 Declaration of events . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116
212 Deemed general registration of visiting practitioners . . . . . . . . . . . . . . . . . . 117
Division 4--Other provisions
213 Protecting officials from liability. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117
214 False or misleading information or documents . . . . . . . . . . . . . . . . . . . . . . . 118
215 Certificates etc. not to be false or misleading . . . . . . . . . . . . . . . . . . . . . . . . 118
216 Application of provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118
217 Approval of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119
218 Examination fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119
219 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119
PART 10--REPEAL, TRANSITIONAL AND SAVINGS
PROVISIONS
Division 1--Repeal
220 Repeal of Dental Technicians and Dental Prosthetists Act 1991 . . . . . . . . . 120
Division 2--Transitional provisions
221 Definitions for div 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120
11
Dental Technicians and Dental Prosthetists Registration Bill 2001
222 References to repealed Act or former board . . . . . . . . . . . . . . . . . . . . . . . . . 120
223 Board is the legal successor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120
224 Assets and liabilities etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121
225 Service agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121
226 Proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121
227 Dealing with matter under Health Practitioners (Professional Standards)
Act 1999 ............................................... 121
228 Offences. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121
229 Membership of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122
230 Chairperson and deputy chairperson of board. . . . . . . . . . . . . . . . . . . . . . . . 123
231 Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123
232 Existing registrations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124
233 Existing applications for certain column 1 registrations . . . . . . . . . . . . . . . . 125
234 Existing applications for restoration of certain column 1 registrations. . . . . 126
235 Suspended registrations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126
236 Approval of business names under repealed Act. . . . . . . . . . . . . . . . . . . . . . 126
237 Sections 130 and 133 ineffective for 6 months . . . . . . . . . . . . . . . . . . . . . . . 127
238 Records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127
239 Certain Act has not been repealed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127
Division 3--Savings provisions
245 Continuation of section of regulation under repealed Act. . . . . . . . . . . . . . . 129
246 References to Dental Practitioners Registration Act 2001 . . . . . . . . . . . . . . 129
PART 11--CONSEQUENTIAL AND OTHER AMENDMENTS
247 Amendment of Acts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129
248 Amendment of Dental Technicians and Dental Prosthetists Act 1991 . . . . . 129
249 Amendment of Dental Technicians and Dental Prosthetists Regulation 1998 130
SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 131
DECISIONS FOR WHICH INFORMATION NOTICES MUST BE
GIVEN
SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 133
CONSEQUENTIAL AMENDMENTS OF ACTS
COMMISSION FOR CHILDREN AND YOUNG PEOPLE ACT 2000 . . . 133
HEALTH ACT 1937 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133
12
Dental Technicians and Dental Prosthetists Registration Bill 2001
HEALTH PRACTITIONER REGISTRATION BOARDS
(ADMINISTRATION) ACT 1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133
HEALTH PRACTITIONERS (PROFESSIONAL STANDARDS)
ACT 1999 .............................................. 134
HEALTH PRACTITIONERS (SPECIAL EVENTS EXEMPTION)
ACT 1998 ............................................... 134
HEALTH RIGHTS COMMISSION ACT 1991 . . . . . . . . . . . . . . . . . . . . . . 135
HEALTH SERVICES ACT 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135
MEDICAL ACT AND OTHER ACTS (ADMINISTRATION) ACT 1966 . 135
RADIATION SAFETY ACT 1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136
SCHEDULE 3 . . . . . . . . . . . . . . . . . . . . . . . . 137
AMENDMENT OF DENTAL TECHNICIANS AND DENTAL
PROSTHETISTS ACT 1991
SCHEDULE 4 . . . . . . . . . . . . . . . . . . . . . . . . 140
DICTIONARY
2001
A BILL
FOR
An Act to provide for the registration of dental technicians and dental
prosthetists, and for other purposes
s1 14 s5
Dental Technicians and Dental Prosthetists
Registration Bill 2001
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
Division 1--Introduction 3
1 Short title 4
This Act may be cited as the Dental Technicians and Dental Prosthetists 5
Registration Act 2001. 6
2 Commencement 7
This Act commences on a day to be fixed by proclamation. 8
Division 2--Operation of Act 9
3 Act binds all persons 10
(1) This Act binds all persons, including the State. 11
(2) Nothing in this Act makes the State liable to be prosecuted for an 12
offence. 13
4 The legislative scheme 14
This Act is part of a legislative scheme (the "legislative scheme") 15
consisting of the health practitioner registration Acts, the Health 16
Practitioner Registration Boards (Administration) Act 1999 and the Health 17
Practitioners (Professional Standards) Act 1999. 18
5 Board's decisions to accord with decisions of certain bodies under 19
the Health Practitioners (Professional Standards) Act 1999 20
(1) This section applies if the board is making-- 21
(a) a decision on an application for registration; or 22
s6 15 s7
Dental Technicians and Dental Prosthetists
Registration Bill 2001
(b) a decision, under this Act, affecting a registrant's registration. 1
(2) The decision must comply with, and be consistent with, any decision 2
of the board, a disciplinary committee, a professional conduct review 3
panel, the Health Practitioners Tribunal or the Court of Appeal, affecting 4
the applicant or registration, under the Health Practitioners (Professional 5
Standards) Act 1999. 6
6 Mutual recognition legislation not affected 7
This Act does not affect the operation of the Mutual Recognition 8
(Queensland) Act 1992 or the Trans-Tasman Mutual Recognition 9
(Queensland) Act 1999. 10
Division 3--Objects 11
7 Objects of Act 12
(1) The objects of this Act are-- 13
(a) to protect the public by ensuring health care is delivered by 14
registrants in a professional, safe and competent way; and 15
(b) to uphold the standards of practice within the professions; and 16
(c) to maintain public confidence in the professions. 17
(2) The objects are to be achieved mainly by-- 18
(a) establishing the Dental Technicians and Dental Prosthetists 19
Board of Queensland; and 20
(b) providing for the registration of persons under this Act; and 21
(c) imposing obligations on persons in relation to the practice of the 22
professions; and 23
(d) providing for compliance with this Act to be monitored and 24
enforced. 25
s8 16 s 11
Dental Technicians and Dental Prosthetists
Registration Bill 2001
Division 4--Interpretation 1
8 Definitions 2
The dictionary in schedule 4 defines particular words used in this Act. 3
PART 2--DENTAL TECHNICIANS AND DENTAL 4
PROSTHETISTS BOARD OF QUEENSLAND 5
Division 1--Establishment and functions 6
9 Establishment of board 7
(1) The Dental Technicians and Dental Prosthetists Board of Queensland 8
is established. 9
(2) The board-- 10
(a) is a body corporate; and 11
(b) has a common seal; and 12
(c) may sue and be sued in its corporate name. 13
10 Board's relationship with the State 14
The board does not represent the State. 15
11 Functions of board 16
The board has the following functions-- 17
(a) to assess applications for registration; 18
(b) to register persons who satisfy the requirements for registration; 19
(c) to monitor, and assess, whether registrants comply with any 20
conditions of registration; 21
(d) to keep a register of, and records relating to, registrants; 22
s 11 17 s 11
Dental Technicians and Dental Prosthetists
Registration Bill 2001
(e) to promote high standards of practice of the professions by 1
registrants; 2
(f) to develop or adopt programs for the continuing professional 3
education of registrants, and encourage their participation in the 4
programs; 5
(g) to develop or adopt training programs in the practice of the 6
professions that are relevant to a person's eligibility for 7
registration; 8
9
Example of `training programs'--
10
Refresher courses for persons who have not practised a profession for a
11
number of years.
(h) to confer and cooperate with interstate regulatory authorities; 12
(i) to confer and cooperate with entities engaged in the development 13
of national policies about the regulation of the professions; 14
(j) to confer and cooperate with the following entities about the 15
education of persons in the practice of the professions-- 16
(i) educational institutions; 17
(ii) entities responsible for accrediting courses, or accrediting 18
institutions to educate persons, for the professions; 19
(k) to inform registrants and the public about the operation of the 20
legislative scheme in its application to the professions; 21
(l) to examine, and advise the Minister about, the operation of the 22
legislative scheme in its application to the professions; 23
(m) to monitor, and enforce, compliance with this Act; 24
(n) to undertake research, relevant to the legislative scheme, into the 25
regulation of the professions; 26
(o) to collect, and give to persons, information about the practice of 27
the professions by registrants; 28
29
Example of `information about the practice of the professions by
30
registrants'--
31
The languages, other than English, spoken by registrants.
(p) to perform other functions given to the board under this or 32
another Act. 33
s 12 18 s 14
Dental Technicians and Dental Prosthetists
Registration Bill 2001
1
Example for paragraph (p)--
2
Under the Health Practitioners (Professional Standards) Act 1999, section 374,
3
the board may develop codes of practice, or adopt another entity's code of
4
practice, to provide guidance to registrants as to appropriate professional conduct
5
or practice.
12 Board's independence etc. 6
In performing its functions, the board is to act independently, impartially 7
and in the public interest. 8
13 Powers of board 9
(1) The board has all the powers of an individual, and may, for 10
example-- 11
(a) enter into contracts; and 12
(b) enter into service agreements; and 13
(c) acquire, hold, dispose of, and deal with, property; and 14
(d) appoint agents and attorneys; and 15
(e) engage consultants; and 16
(f) fix charges, and other terms, for services and other facilities it 17
supplies; and 18
(g) do anything else necessary or convenient to be done for, or in 19
connection with, its functions. 20
(2) This section does not authorise the board to obtain administrative and 21
operational support other than as required by the Health Practitioner 22
Registration Boards (Administration) Act 1999. 23
(3) Without limiting subsection (1), the board has the powers given to it 24
under this or another Act. 25
(4) The board may exercise its powers inside or outside Queensland. 26
(5) Without limiting subsection (4), the board may exercise its powers 27
outside Australia. 28
14 Delegation by board 29
(1) The board may delegate its powers under this Act to-- 30
s 15 19 s 15
Dental Technicians and Dental Prosthetists
Registration Bill 2001
(a) a member; or 1
(b) a committee of the board consisting of appropriately qualified 2
persons, 1 of whom must be a member; or 3
(c) the executive officer; or 4
(d) with the agreement of the executive officer--an appropriately 5
qualified member of the office's staff. 6
(2) However, the board may not delegate its power under this Act-- 7
(a) to decide to register, or refuse to register, an applicant for 8
registration; or 9
(b) to decide to refuse to renew a renewable registration; or 10
(c) to decide to refuse to restore a renewable registration; or 11
(d) to decide to cancel a registration; or 12
(e) to decide to impose, or remove, conditions on a registration; or 13
(f) to enter into a service agreement. 14
(3) In this section-- 15
"appropriately qualified" includes having the qualifications, experience 16
or standing appropriate to exercise the power. 17
18
Example of `standing' for a member of the office's staff--
19
The staff member's classification level in the office.
Division 2--Membership 20
15 Membership of board 21
(1) The board consists of at least 7, but not more than 11, members 22
appointed by the Governor in Council. 23
(2) The board must include-- 24
(a) persons who are general registrants (the "registrant members"); 25
and 26
(b) persons (the "public members") having an interest in, and 27
knowledge of, consumer health issues who are not, and have not 28
been-- 29
s 16 20 s 16
Dental Technicians and Dental Prosthetists
Registration Bill 2001
(i) registered under a health practitioner registration Act or an 1
earlier corresponding Act; or 2
(ii) registered or enrolled under the Nursing Act 1992 or an 3
earlier corresponding Act; or 4
(iii) registered or enrolled under a law applying, or that applied, 5
in another State or foreign country that provides, or 6
provided, for the same matter as a health practitioner 7
registration Act or the Nursing Act 1992 or a provision of 8
the Act; and 9
(c) 1 lawyer nominated by the Minister. 10
(3) Also, the Minister may nominate persons who do not belong to the 11
categories of persons mentioned in subsection (2) to be members. 12
(4) The registrant members must consist of-- 13
(a) at least 2 registrants who are dental technicians but not dental 14
prosthetists; and 15
(b) at least 2 registrants who are dental prosthetists. 16
(5) A majority of the members must be registrant members. 17
(6) In this section-- 18
"earlier corresponding Act", in relation to a health practitioner 19
registration Act, means an earlier Act that provided for the same 20
matter as the health practitioner registration Act or a provision of the 21
health practitioner registration Act. 22
"earlier corresponding Act", in relation to the Nursing Act 1992, means 23
an earlier Act that provided for the same matter as the Nursing Act 24
1992 or a provision of the Nursing Act 1992. 25
16 Registrant members 26
The registrant members must consist of-- 27
(a) at least 1 dental technician nominated by the bodies the Minister 28
considers represent the interests of dental technicians; and 29
(b) at least 1 dental prosthetist nominated by the bodies the Minister 30
considers represent the interests of dental prosthetists; and 31
s 17 21 s 18
Dental Technicians and Dental Prosthetists
Registration Bill 2001
(c) if there are educational institutions established in the 1
State--1 general registrant nominated by the governing bodies of 2
the institutions chosen by the Minister; and 3
(d) at least 1 general registrant nominated by the Minister. 4
17 Public members 5
The public members must consist of-- 6
(a) at least 1 person nominated by community groups and other 7
entities the Minister considers have an interest in consumer 8
health issues; and 9
(b) at least 1 other person nominated by the Minister. 10
18 Certain nominee board members 11
(1) This section applies for the nomination of a person or persons for a 12
position or positions on the board under section 16(a), (b) or (c) or 17(a). 13
(2) The Minister must give the entities who may make the nomination 14
notice stating a reasonable period within which they may nominate the 15
person or persons for the position or positions. 16
(3) The Minister may in the notice ask the entities to nominate more than 17
the required number of persons for the position or positions. 18
(4) Subject to subsections (5) and (6), if the entities nominate more than 19
the required number of persons for the position or positions-- 20
(a) the Minister must choose the nominee or nominees for the 21
position or positions from the nominations; and 22
(b) the person or persons chosen are taken to be the nominee or 23
nominees, under the relevant provision mentioned in 24
subsection (1), for the position or positions. 25
(5) Subsection (6) applies if-- 26
(a) the entities do not nominate a person or persons for the position 27
or positions within the period stated in the notice; or 28
(b) the entities nominate a number of persons for the position or 29
positions that is less than the number requested by the Minister 30
under subsection (3); or 31
s 19 22 s 21
Dental Technicians and Dental Prosthetists
Registration Bill 2001
(c) the person or any of the persons nominated by the entities are not 1
eligible to be appointed to the position or positions concerned. 2
(6) The Minister must nominate a person or persons eligible to be 3
appointed to the position or positions and the nomination or nominations 4
are taken to have been made by the entities. 5
(7) To remove doubt, if subsection (5)(b) applies, it is declared that a 6
nomination under subsection (6) may be of, or include, a person or persons 7
nominated by the entities. 8
19 Chairperson and deputy chairperson of board 9
(1) The Governor in Council is to appoint a registrant member to be the 10
chairperson, and another registrant member to be the deputy chairperson, 11
of the board. 12
(2) A person may be appointed as the chairperson or deputy chairperson 13
at the same time the person is appointed as a member. 14
(3) The chairperson or deputy chairperson holds office for the term 15
decided by the Governor in Council, unless the person's term of office as a 16
member ends sooner than the person's term of office as chairperson or 17
deputy chairperson. 18
(4) A vacancy occurs in the office of chairperson or deputy chairperson 19
if the person holding the office resigns the office by signed notice of 20
resignation given to the Minister or ceases to be a registrant member. 21
(5) However, a person resigning the office of chairperson or deputy 22
chairperson may continue to be a member. 23
(6) The deputy chairperson is to act as chairperson-- 24
(a) during a vacancy in the office of chairperson; and 25
(b) during all periods when the chairperson is absent from duty or, 26
for another reason, can not perform the functions of the office. 27
20 Term of appointment 28
A member is to be appointed for a term of not more than 4 years. 29
21 Disqualification from membership 30
(1) A person can not become, or continue as, a member if the person-- 31
s 22 23 s 22
Dental Technicians and Dental Prosthetists
Registration Bill 2001
(a) is affected by bankruptcy action; or 1
(b) is, or has been, convicted of an indictable offence; or 2
(c) is, or has been, convicted of an offence against this Act. 3
(2) For subsection (1)(a), a person is affected by bankruptcy action if the 4
person-- 5
(a) is bankrupt; or 6
(b) has compounded with creditors; or 7
(c) as a debtor, has otherwise taken, or applied to take, advantage of 8
any law about bankruptcy. 9
22 Vacation of office 10
(1) A member is taken to have vacated office if the member-- 11
(a) resigns his or her position on the board by signed notice of 12
resignation given to the Minister; or 13
(b) can not continue as a member under section 21; or 14
(c) is absent without the board's permission from 3 consecutive 15
meetings of the board of which due notice has been given. 16
(2) Also, a member is taken to have vacated office in any of the 17
following circumstances-- 18
(a) if the member is a registrant member--the member stops being a 19
general registrant; 20
(b) if the member is a public member--the member stops being a 21
person mentioned in section 15(2)(b); 22
(c) if the member was nominated, for membership of the board, 23
under section 15(2)(c)--the member stops being a lawyer. 24
(3) In this section-- 25
"meeting" means the following-- 26
(a) if the member does not attend--a meeting with a quorum 27
present; 28
(b) if the member attends--a meeting with or without a quorum 29
present. 30
s 23 24 s 26
Dental Technicians and Dental Prosthetists
Registration Bill 2001
23 When notice of resignation takes effect 1
A notice of resignation under section 19(4) or 22(1)(a) takes effect when 2
the notice is given to the Minister or, if a later time is stated in the notice, 3
the later time. 4
24 Leave of absence for a member 5
(1) The Minister may approve a leave of absence for a member (the 6
"approved absent member") of more than 3 months. 7
(2) The Minister may appoint another person to act in the office of the 8
approved absent member while the member is absent on the approved 9
leave. 10
(3) A person appointed under subsection (2) must belong to the same 11
category of persons mentioned in section 15(2) or (3) to which the 12
approved absent member belongs. 13
(4) If the approved absent member is the deputy chairperson, the 14
Minister may appoint another registrant member to act in the deputy 15
chairperson's office while the deputy chairperson is absent on the approved 16
leave. 17
25 Effect of vacancy in membership of board 18
(1) Subsection (2) applies despite sections 15 to 17.1 19
(2) The performance of a function, or exercise of a power, by the board 20
is not affected merely because of a vacancy in the membership of the 21
board. 22
26 Remuneration of members 23
A member is entitled to be paid the fees and allowances decided by the 24
Governor in Council. 25
1 Sections 15 (Membership of board), 16 (Registrant members) and 17 (Public
members)
s 27 25 s 31
Dental Technicians and Dental Prosthetists
Registration Bill 2001
Division 3--Board business 1
27 Conduct of business 2
Subject to this division, the board may conduct its business, including its 3
meetings, in the way it considers appropriate. 4
28 Times and places of meetings 5
(1) Board meetings are to be held at the times and places the chairperson 6
decides. 7
(2) However, the chairperson must call a meeting if asked, in writing, to 8
do so by the Minister or at least the number of members forming a quorum 9
for the board. 10
29 Quorum 11
A quorum for the board is the number equal to one-half of the number of 12
its members or, if one-half is not a whole number, the next highest whole 13
number. 14
30 Presiding at meetings 15
(1) The chairperson is to preside at all meetings of the board at which the 16
chairperson is present. 17
(2) If the chairperson is absent from a board meeting, but the deputy 18
chairperson is present, the deputy chairperson is to preside. 19
(3) If the chairperson and deputy chairperson are both absent from a 20
board meeting or the offices are vacant, a registrant member chosen by the 21
members present is to preside. 22
31 Conduct of meetings 23
(1) A question at a board meeting is decided by a majority of the votes of 24
the members present. 25
(2) Each member present at the meeting has a vote on each question to 26
be decided and, if the votes are equal, the member presiding also has a 27
casting vote. 28
s 32 26 s 33
Dental Technicians and Dental Prosthetists
Registration Bill 2001
(3) A member present at the meeting who abstains from voting is taken 1
to have voted for the negative. 2
(4) The board may hold meetings, or allow members to take part in its 3
meetings, by using any technology allowing reasonably contemporaneous 4
and continuous communication between members taking part in the 5
meeting. 6
7
Example of `technology allowing reasonably contemporaneous and continuous
8
communication'--
9
Teleconferencing.
(5) A member who takes part in a board meeting under subsection (4) is 10
taken to be present at the meeting. 11
(6) A resolution is validly made by the board, even if it is not passed at a 12
board meeting, if-- 13
(a) a majority of the board members gives written agreement to the 14
resolution; and 15
(b) notice of the resolution is given under procedures approved by 16
the board. 17
32 Minutes 18
(1) The board must keep-- 19
(a) minutes of its meetings; and 20
(b) a record of any resolutions made under section 31(6). 21
(2) Subsection (3) applies if a resolution is passed at a board meeting by 22
a majority of the members present. 23
(3) If asked by a member who voted against the passing of the 24
resolution, the board must record in the minutes of the meeting that the 25
member voted against the resolution. 26
Division 4--Board committees 27
33 Committees 28
(1) The board may establish committees of the board for effectively and 29
efficiently performing its functions. 30
s 34 27 s 35
Dental Technicians and Dental Prosthetists
Registration Bill 2001
(2) A committee may include a person who is not a member of the 1
board. 2
(3) The board is to decide the terms of reference of a committee. 3
(4) The functions of a committee are to-- 4
(a) advise and make recommendations to the board about matters, 5
within the scope of the board's functions, referred by the board to 6
the committee; and 7
(b) exercise powers delegated to it by the board.2 8
(5) A committee must keep a record of the decisions it makes when 9
exercising a power delegated to it by the board. 10
(6) The board may decide matters about a committee that are not 11
provided for under this Act, including, for example, the way a committee 12
must conduct meetings. 13
34 Remuneration of committee members 14
A committee member is entitled to be paid the fees and allowances 15
decided by the Governor in Council. 16
Division 5--Disclosure of interests by board members and committee 17
members 18
35 Disclosure of interests 19
(1) This section applies to a board or committee member (the 20
"interested person") if-- 21
(a) the interested person has a direct or indirect interest in an issue 22
being considered, or about to be considered, by the board or 23
committee; and 24
(b) the interest could conflict with the proper performance of the 25
person's duties about the consideration of the issue. 26
(2) As soon as practicable after the relevant facts come to the interested 27
person's knowledge, the person must disclose the nature of the interest to a 28
board or committee meeting. 29
2 See section 14 for the board's power of delegation.
s 36 28 s 36
Dental Technicians and Dental Prosthetists
Registration Bill 2001
(3) Unless the board or committee otherwise directs, the interested 1
person must not-- 2
(a) be present when the board or committee considers the issue; or 3
(b) take part in a decision of the board or committee about the issue. 4
(4) The interested person must not be present when the board or 5
committee is considering whether to give a direction under subsection (3). 6
(5) If there is another person who must, under subsection (2), also 7
disclose an interest in the issue, the other person must not-- 8
(a) be present when the board or committee is considering whether 9
to give a direction under subsection (3) about the interested 10
person; or 11
(b) take part in making the decision about giving the direction. 12
(6) If-- 13
(a) because of this section, a board or committee member is not 14
present at a board or committee meeting for considering or 15
deciding an issue, or for considering or deciding whether to give 16
a direction under subsection (3); and 17
(b) there would be a quorum if the member were present; 18
the remaining persons present are a quorum of the board or committee for 19
considering or deciding the issue, or for considering or deciding whether to 20
give the direction, at the meeting. 21
(7) A disclosure under subsection (2) must be recorded in the board's or 22
committee's minutes. 23
(8) If the interested person is a registrant member, the person does not 24
have a direct or indirect interest in an issue if the interest arises merely 25
because the person is a registrant. 26
Division 6--Directions by Minister 27
36 Minister's power to give directions in the public interest 28
(1) The Minister may give the board a written direction about a matter 29
relevant to the performance of its functions under this Act if the Minister is 30
satisfied it is necessary to give the direction in the public interest. 31
(2) Without limiting subsection (1), the direction may be to-- 32
s 37 29 s 37
Dental Technicians and Dental Prosthetists
Registration Bill 2001
(a) give reports and information; or 1
(b) apply to the board a policy, standard or other instrument applying 2
to a public sector unit. 3
(3) The direction can not be about-- 4
(a) the registering of, or refusal to register, an applicant for 5
registration; or 6
(b) the renewing of, or refusal to renew, a renewable registration; or 7
(c) the restoring of, or refusal to restore, a renewable registration; or 8
(d) the cancelling of a registration; or 9
(e) the imposing, or removal, of conditions on a registration. 10
(4) Despite section 12,3 the board must comply with the direction. 11
Division 7--Annual reports 12
37 Matters to be included in annual report 13
(1) The board's annual report under the Financial Administration and 14
Audit Act 1977 for a financial year must include the following-- 15
(a) copies of all ministerial directions given to the board under 16
section 36 during the financial year; 17
(b) the number of registrants at the end of the financial year; 18
(c) details of the amount of the board's funds spent, in the financial 19
year, on investigations and inspections under part 5;4 20
(d) details of the amount of the board's funds spent, in the financial 21
year, on developing or adopting training programs in the practice 22
of the professions that are relevant to a person's eligibility for 23
registration; 24
(e) details of the amount of the board's funds spent in the financial 25
year on research, relevant to the legislative scheme, into the 26
regulation of the professions; 27
3 Section 12 (Board's independence etc.)
4 Part 5 (Investigation and enforcement)
s 38 30 s 40
Dental Technicians and Dental Prosthetists
Registration Bill 2001
(f) details of any policies or programs developed, or initiatives 1
taken, by the board in the financial year for the general benefit of 2
users of registrants' services. 3
(2) However, the board must exclude from the copies mentioned in 4
subsection (1)(a) all information likely to identify a person mentioned in 5
the direction. 6
Division 8--Other provisions about the board 7
38 Board is statutory body under the Financial Administration and 8
Audit Act 1977 9
The board is a statutory body under the Financial Administration and 10
Audit Act 1977. 11
39 Board is statutory body under the Statutory Bodies Financial 12
Arrangements Act 1982 13
(1) The board is a statutory body under the Statutory Bodies Financial 14
Arrangements Act 1982. 15
(2) The Statutory Bodies Financial Arrangements Act 1982, part 2B5 16
sets out the way in which the board's powers under this Act are affected by 17
the Statutory Bodies Financial Arrangements Act 1982. 18
40 Board's common seal 19
The board's common seal is to be kept in the custody of a person 20
nominated by the board and may be used only as authorised by the board. 21
5 Statutory Bodies Financial Arrangements Act 1982, part 2B (Powers under this Act
and relationship with other Acts)
s 41 31 s 42
Dental Technicians and Dental Prosthetists
Registration Bill 2001
PART 3--REGISTRATION 1
Division 1--Preliminary 2
41 Who may apply for registration 3
(1) Only an individual may apply for registration. 4
(2) Also, only an individual who holds general registration as a dental 5
technician may apply for general registration as a dental prosthetist. 6
Division 2--Applications for general registration 7
Subdivision 1--Applications 8
42 Procedural requirements for applications 9
(1) An application for general registration in a profession must-- 10
(a) be made to the board; and 11
(b) be in the approved form; and 12
(c) be accompanied by-- 13
(i) satisfactory evidence of relevant qualifications in the 14
profession; and 15
(ii) the application fee prescribed under a regulation (the 16
"application fee"); and 17
(iii) the registration fee prescribed under a regulation (the 18
"registration fee"); and 19
(iv) any other documents, identified in the approved form, the 20
board reasonably requires; and 21
(v) if the applicant is registered under a corresponding law in 22
the profession, written details of any conditions of the 23
registration. 24
(2) Information in the application must, if the approved form requires, be 25
verified by a statutory declaration. 26
s 43 32 s 44
Dental Technicians and Dental Prosthetists
Registration Bill 2001
Subdivision 2--Eligibility for general registration 1
43 Eligibility 2
(1) An applicant for general registration in a profession is eligible for 3
general registration in the profession if-- 4
(a) the applicant is qualified for general registration in the profession 5
under section 44; and 6
(b) the applicant is fit to practise the profession. 7
(2) Without limiting subsection (1), the board may be satisfied the 8
applicant is eligible for general registration in the profession by imposing 9
conditions on the registration under section 57.6 10
44 When applicant is qualified for general registration 11
(1) An applicant for general registration in a profession is qualified for 12
general registration in the profession if-- 13
(a) the applicant has a qualification in the profession prescribed 14
under a regulation; or 15
(b) the applicant has a qualification in the profession that is 16
substantially equivalent to, or based on similar competencies to 17
that required for, a current Australian or New Zealand 18
qualification; or 19
(c) the applicant has passed a qualifying examination in the 20
profession set by or for, or recognised by, the board. 21
(2) In deciding whether subsection (1)(b) is satisfied, the board may 22
have regard to the following-- 23
(a) the advice and recommendations of-- 24
(i) an entity recognised by the board as competent to assess 25
qualifications in the profession; or 26
(ii) an entity responsible for accrediting courses, or accrediting 27
institutions to educate persons, for the profession; 28
(b) the attributes of the course leading to the applicant's 29
qualification; 30
6 Section 57 (Imposition of conditions by board)
s 45 33 s 45
Dental Technicians and Dental Prosthetists
Registration Bill 2001
1
Example of `attributes' of a course--
2
The course objectives and competencies.
(c) any other relevant issue. 3
(3) In this section-- 4
"current Australian or New Zealand qualification", in a profession, 5
means an Australian or New Zealand qualification in the profession, 6
mentioned in a regulation made under subsection (1)(a), that may be 7
conferred or awarded as a result of the successful completion of a 8
course offered, at the date of the applicant's application for general 9
registration, by the educational institution mentioned in relation to the 10
qualification. 11
45 Fitness to practise the profession 12
(1) In deciding whether an applicant for general registration in a 13
profession is fit to practise the profession, the board may have regard to the 14
following-- 15
(a) the applicant's mental and physical health; 16
(b) the applicant's command of the English language; 17
(c) whether the applicant has been convicted of an indictable 18
offence; 19
(d) whether the applicant has been convicted of an offence against 20
the repealed Act, this Act, the Health Practitioners (Professional 21
Standards) Act 1999 or a corresponding law; 22
(e) whether the applicant has been convicted of an offence, relating 23
to the practice of the profession, against a law applying, or that 24
applied, in the State, the Commonwealth, another State or a 25
foreign country (other than laws mentioned in paragraph (d)), 26
including, for example an offence of that type against-- 27
(i) the Health Act 1937; or 28
(ii) the Fair Trading Act 1989; 29
(f) if the applicant has been registered under this Act or the repealed 30
Act in the profession or is, or has been, registered under a 31
corresponding law in the profession and the registration was 32
affected-- 33
s 45 34 s 45
Dental Technicians and Dental Prosthetists
Registration Bill 2001
(i) by the imposition of a condition--the nature of the 1
condition and the reason for its imposition; or 2
(ii) by its suspension or cancellation--the reason for its 3
suspension or cancellation; or 4
(iii) in another way--the way it was affected and the reason for 5
it being affected; 6
(g) if the qualification relied on by the applicant to obtain 7
registration was conferred or awarded on a day (the 8
"qualification day") that is more than 3 years before the date of 9
application, the nature, extent and period of any practice of the 10
profession by the applicant since the qualification day; 11
(h) any other issue relevant to the applicant's ability to competently 12
and safely practise the profession. 13
(2) In subsection (1)(c), (d) or (e), mention of a conviction does not 14
include a conviction that is not part of the applicant's criminal history. 15
(3) For subsection (1)(g)-- 16
(a) the passing of an examination mentioned in section 44(1)(c) is 17
taken to be a qualification; and 18
(b) the day the examination was passed is taken to be the 19
qualification day. 20
(4) The board may ask the commissioner of the police service for a 21
written report about an applicant's criminal history. 22
(5) If asked by the board, the commissioner of the police service must 23
give the board a written report about the criminal history of the applicant, 24
including the criminal history in the commissioner's possession or to 25
which the commissioner has access. 26
(6) In this section-- 27
"criminal history", of an applicant, means the applicant's criminal history 28
as defined under the Criminal Law (Rehabilitation of Offenders) Act 29
1986, other than convictions for which the rehabilitation period has 30
expired, and not been revived, under that Act. 31
s 46 35 s 46
Dental Technicians and Dental Prosthetists
Registration Bill 2001
Subdivision 3--Inquiries into applications 1
46 Board's powers before deciding applications 2
(1) Before deciding the application, the board-- 3
(a) may investigate the applicant; and 4
(b) may, by notice given to the applicant, require the applicant to 5
give the board, within a reasonable time of at least 30 days stated 6
in the notice, further information or a document the board 7
reasonably requires to decide the application; and 8
(c) may, by notice given to the applicant, require the applicant to 9
undergo a written, oral or practical examination within a 10
reasonable time of at least 30 days stated in the notice, and at a 11
reasonable place; and 12
(d) may, by notice given to the applicant, require the applicant to 13
undergo a health assessment within a reasonable time of at least 14
30 days stated in the notice, and at a reasonable place. 15
(2) The board may require the information or document mentioned in 16
subsection (1)(b) to be verified by a statutory declaration. 17
(3) The purpose of an examination under subsection (1)(c) must be to 18
assess the applicant's ability to competently and safely practise the 19
profession to which the application relates. 20
(4) The purpose of an assessment under subsection (1)(d) must be to 21
assess the applicant's mental and physical capacity to competently and 22
safely practise the profession to which the application relates. 23
(5) The applicant is taken to have withdrawn the application if, within 24
the stated time, the applicant-- 25
(a) does not comply with a requirement under subsection (1)(b); or 26
(b) does not undergo an examination under subsection (1)(c); or 27
(c) does not undergo an assessment under subsection (1)(d). 28
(6) A notice under subsection (1)(b), (c) or (d) must be given to the 29
applicant within 60 days after the board receives the application. 30
(7) Also, a notice under subsection (1)(d) must state-- 31
(a) the reason for the assessment; and 32
s 47 36 s 48
Dental Technicians and Dental Prosthetists
Registration Bill 2001
(b) the name and qualifications of the person appointed by the board 1
to conduct the assessment; and 2
(c) the place where, and the day and time at which, the assessment is 3
to be conducted. 4
47 Appointment of appropriately qualified person to conduct health 5
assessment 6
(1) This section applies if the board believes it is necessary for the 7
applicant to undergo a health assessment under section 46(1)(d). 8
(2) The board may appoint 1 or more appropriately qualified persons to 9
conduct the assessment, in whole or part. 10
(3) At least 1 of the persons appointed to conduct the assessment must be 11
a medical practitioner. 12
(4) Before appointing a person to conduct a health assessment, the board 13
must be satisfied the person does not have a personal or professional 14
connection with the applicant that may prejudice the way in which the 15
person conducts the assessment. 16
(5) In this section-- 17
"appropriately qualified", for a medical practitioner or other person 18
conducting a health assessment, includes having the qualifications, 19
experience, skills or knowledge appropriate to conduct the 20
assessment. 21
48 Report about health assessment 22
(1) A person appointed under section 47 to conduct all or part of a health 23
assessment of the applicant must prepare a report about the assessment (an 24
"assessment report"). 25
(2) The assessment report must include-- 26
(a) the person's findings as to the applicant's mental and physical 27
capacity to competently and safely practise the profession to 28
which the applicant's application relates; and 29
(b) if the person finds the applicant does not have the mental and 30
physical capacity to practise the profession, the person's 31
recommendations as to any conditions that could be imposed on 32
s 49 37 s 50
Dental Technicians and Dental Prosthetists
Registration Bill 2001
the applicant's registration as a general registrant in the 1
profession to overcome the incapacity. 2
(3) The person must give the assessment report to the board. 3
49 Use of assessment report 4
(1) An assessment report is not admissible in any proceedings, other 5
than stated proceedings. 6
(2) A person can not be compelled to produce the report, or to give 7
evidence relating to the report or its contents, in any proceedings, other 8
than stated proceedings. 9
(3) Subsections (1) and (2) do not apply if the report is admitted or 10
produced, or evidence relating to the report or its contents is given, with the 11
consent of the person who prepared the report and the person to whom the 12
report relates. 13
(4) In this section-- 14
"assessment report" includes a copy of the report, or a part of the report 15
or copy. 16
"proceedings under the Health Practitioners (Professional Standards) 17
Act 1999" includes a health assessment of a registrant by a health 18
assessment committee under that Act. 19
"stated proceedings" means-- 20
(a) a review of conditions under division 7;7 or 21
(b) an appeal started under part 6;8 or 22
(c) proceedings under the Health Practitioners (Professional 23
Standards) Act 1999, not including proceedings for an offence 24
against that Act. 25
50 Payment for health assessments and reports 26
A person who conducts a health assessment and prepares an assessment 27
report for the board is entitled to be paid for his or her work by the board. 28
7 Division 7 (Reviewing conditions of general registrations)
8 Part 6 (Appeals)
s 51 38 s 53
Dental Technicians and Dental Prosthetists
Registration Bill 2001
Subdivision 4--Decision on applications 1
51 Decision 2
The board must consider the application and decide to register, or refuse 3
to register, the applicant as a general registrant in the profession to which 4
the application relates. 5
52 Steps to be taken after application decided 6
(1) If the board decides to register the applicant as a general registrant, it 7
must as soon as practicable issue a certificate of general registration to the 8
applicant. 9
(2) If the board decides to refuse to register the applicant as a general 10
registrant, it must as soon as practicable give the applicant an information 11
notice about the decision. 12
(3) If the board decides to register the applicant as a dental prosthetist, 13
the registrant's registration is subject to the conditions, other than any 14
recency of practice conditions, attaching to the applicant's general 15
registration as a dental technician immediately before the decision takes 16
effect. 17
(4) Subsection (3) does not limit the board's power under section 57 to 18
impose conditions on the applicant's general registration as a dental 19
prosthetist. 20
53 Failure to decide applications 21
(1) Subject to subsections (2) and (3), if the board fails to decide the 22
application within 60 days after its receipt, the failure is taken to be a 23
decision by the board to refuse to register the applicant as a general 24
registrant. 25
(2) Subsection (3) applies if the board has-- 26
(a) under section 46(1)(b), required the applicant to give the board
9
27
further information or a document; or 28
(b) under section 46(1)(c), required the applicant to undergo an 29
examination; or 30
9 Section 46 (Board's powers before deciding applications)
s 54 39 s 54
Dental Technicians and Dental Prosthetists
Registration Bill 2001
(c) under section 46(1)(d), required the applicant to undergo a health 1
assessment. 2
(3) The board is taken to have decided to refuse to register the applicant 3
as a general registrant if it fails to decide the application by the latest of the 4
following days-- 5
(a) the day that is 60 days after the board receives the further 6
information or document; 7
(b) the day that is 60 days after the board receives the results of the 8
examination; 9
(c) the day that is 60 days after the board receives the assessment 10
report. 11
(4) This section does not apply if the applicant is registered as a 12
provisional general registrant.10 13
(5) This section is subject to section 54. 14
54 Further consideration of applications 15
(1) This section applies if the board considers it needs further time to 16
make a decision on the application because of the complexity of the 17
matters that need to be considered in deciding the application. 18
19
Example of an application for general registration that may require the consideration of
20
complex matters--
21
An application requiring the board to obtain and consider information about the
22
applicant from a foreign regulatory authority.
(2) The board may at any time before the final consideration day give 23
notice to the applicant that-- 24
(a) because of the complexity of the matters that need to be 25
considered in deciding the application, the board needs further 26
time to decide the application; and 27
(b) the period within which the board must decide the application is 28
extended to a day (the "extended day") that is 60 days after the 29
final consideration day. 30
10 If the applicant is registered as a provisional general registrant, section 67 states
when the board is taken to have decided to refuse to register the applicant as a
general registrant.
s 55 40 s 55
Dental Technicians and Dental Prosthetists
Registration Bill 2001
(3) Also, the applicant and board may at any time before the final 1
consideration day agree in writing on a day (the "agreed extended day") 2
by which the application is to be decided. 3
(4) The board is taken to have decided to refuse to register the applicant 4
as a general registrant if it does not decide the application by-- 5
(a) if subsection (2) applies--the extended day; or 6
(b) if subsection (3) applies--the agreed extended day; or 7
(c) if both subsections (2) and (3) apply--the later of the extended 8
day or agreed extended day. 9
(5) Subsection (4) does not apply if the applicant is registered as a 10
provisional general registrant.11 11
(6) In this section-- 12
"final consideration day" means the latest of the following days-- 13
(a) the day that is 60 days after receipt of the application; 14
(b) if the board has, under section 46(1)(b), required the applicant to 15
give the board further information or a document--the day that is 16
60 days after the board receives the further information or 17
document; 18
(c) if the board has, under section 46(1)(c), required the applicant to 19
undergo an examination--the day that is 60 days after the board 20
receives the results of the examination; 21
(d) if the board has, under section 46(1)(d), required the applicant to 22
undergo a health assessment--the day that is 60 days after the 23
board receives the assessment report. 24
Subdivision 5--Information in certificates of general registration 25
55 Forms of certificates of general registration 26
(1) A certificate of general registration must be in the approved form. 27
(2) The approved form must provide for the inclusion of the following-- 28
11 If the applicant is registered as a provisional general registrant, section 67 states
when the board is taken to have decided to refuse to register the applicant as a
general registrant.
s 56 41 s 57
Dental Technicians and Dental Prosthetists
Registration Bill 2001
(a) the registrant's name; 1
(b) the profession to which the registration relates; 2
(c) the period of the registration; 3
(d) any conditions of registration. 4
Subdivision 6--Period of general registration 5
56 Period 6
(1) The period of registration that is to apply to general registrants in a 7
profession is the period (the "general registration period"), not more than 8
3 years, prescribed under a regulation. 9
(2) If the board decides to register an applicant for general registration as 10
a general registrant in a profession during a general registration period for 11
the profession, the registration remains in force for the period-- 12
(a) commencing on the day when the board makes the decision; and 13
(b) ending on the last day of the general registration period. 14
Subdivision 7--Conditions of general registration 15
57 Imposition of conditions by board 16
(1) The board may decide to register an applicant for general registration 17
in a profession as a general registrant in the profession on conditions the 18
board considers necessary or desirable for the applicant to competently and 19
safely practise the profession. 20
21
Examples of conditions of general registration--
22
1. A condition that a general registrant only practise the profession under the
23
supervision of another general registrant.
24
2. A condition prohibiting a general registrant engaging in stated procedures
25
related to the practice of the profession.
(2) If the board decides to register an applicant for general registration as 26
a general registrant on conditions, it must as soon as practicable-- 27
s 58 42 s 59
Dental Technicians and Dental Prosthetists
Registration Bill 2001
(a) also decide the review period applying to the conditions;12 and 1
(b) give the applicant an information notice about the decisions. 2
(3) If the board decides to register an applicant for general registration as 3
a general registrant on conditions because of the applicant's mental and 4
physical health, it must also decide whether details of the conditions must 5
be recorded in the register for the period for which the conditions are in 6
force. 7
(4) The board must decide not to record details of the conditions 8
mentioned in subsection (3) in the register unless it reasonably believes it is 9
in the interests of users of the registrant's services or the public to know the 10
details. 11
58 Contravention of conditions 12
A general registrant must not contravene a condition of the registration 13
imposed under this Act. 14
Maximum penalty--100 penalty units. 15
Division 3--Provisional general registration 16
59 Meaning of "authorised person" for div 3 17
(1) In this division-- 18
"authorised person" means any of the following persons who are 19
authorised by the board to decide to register a person as a provisional 20
general registrant in a profession-- 21
(a) the executive officer; 22
(b) a member; 23
(c) a member of the office's staff. 24
(2) An authority mentioned in subsection (1) may be limited by 25
reference to specified conditions, exceptions or factors. 26
12 The conditions may be reviewed under division 7 (Reviewing conditions of general
registrations).
s 60 43 s 60
Dental Technicians and Dental Prosthetists
Registration Bill 2001
60 Provisional general registration of a person 1
(1) Subsection (2) applies if an authorised person reasonably 2
considers-- 3
(a) an applicant for general registration in a profession is eligible for 4
the registration without conditions; and 5
(b) because of the period before the board is likely to consider the 6
application in the ordinary course of its business, it is not 7
reasonable for the applicant to have to wait for the board to 8
consider the application. 9
(2) The authorised person may decide to register the applicant as a 10
provisional general registrant in the profession. 11
(3) Subsection (4) applies if an authorised person or the board-- 12
(a) reasonably considers, subject to an applicant for general 13
registration in a profession giving the board further evidence of 14
the applicant's relevant qualification, the applicant is eligible for 15
the registration without conditions; or 16
(b) reasonably considers-- 17
(i) an applicant for general registration in a profession would 18
be eligible for general registration in the profession without 19
conditions, other than for the fact that the relevant 20
qualification relied on by the applicant has not been 21
conferred on, or awarded to, the applicant; and 22
(ii) the applicant is entitled to have the relevant qualification 23
conferred on, or awarded to, him or her. 24
(4) The authorised person or board may decide to register the applicant 25
as a provisional general registrant in the profession. 26
(5) If the authorised person or board decides to register the applicant as a 27
provisional general registrant, the authorised person or board must as soon 28
as practicable issue a certificate of provisional general registration to the 29
applicant. 30
(6) An authorised person or the board may not decide to register a person 31
as a provisional general registrant on conditions. 32
s 61 44 s 63
Dental Technicians and Dental Prosthetists
Registration Bill 2001
61 Confirmation or cancellation of provisional general registration 1
(1) If an authorised person decides to register an applicant for general 2
registration as a provisional general registrant, the authorised person must 3
as soon as practicable report to the board about the basis for the authorised 4
person's decision. 5
(2) The board must consider the report and decide whether to confirm or 6
cancel the provisional general registration. 7
(3) In making its decision, the board must consider whether the 8
authorised person should have decided to register the applicant as a 9
provisional general registrant. 10
(4) If the board decides to cancel the provisional general registration, it 11
must as soon as practicable give the applicant notice of its decision. 12
62 Procedure after cancellation of provisional general registration 13
(1) This section applies if the board decides, under section 61, to cancel 14
a person's provisional general registration. 15
(2) The notice of cancellation must include the reason for the decision. 16
(3) The decision takes effect on the day the notice is given to the person. 17
(4) The person must return the certificate of provisional general 18
registration to the board within 14 days after receiving the notice, unless 19
the person has a reasonable excuse. 20
Maximum penalty--10 penalty units. 21
(5) Even though the board decides to cancel a person's provisional 22
general registration, it must still consider the person's application for 23
general registration. 24
63 Form of certificate of provisional general registration 25
(1) A certificate of provisional general registration must be in the 26
approved form. 27
(2) The approved form must provide for the inclusion of the following-- 28
(a) the registrant's name; 29
(b) the profession to which the registration relates; 30
(c) the period of the registration. 31
s 64 45 s 66
Dental Technicians and Dental Prosthetists
Registration Bill 2001
64 Period 1
The provisional general registration of a person remains in force for the 2
period, not more than 6 months, decided by the authorised person or board 3
when deciding to register the person as a provisional general registrant. 4
65 Board decides to register provisional general registrant as a 5
general registrant 6
(1) This section applies if-- 7
(a) a person is a provisional general registrant in a profession; and 8
(b) the board decides to register the person as a general registrant in 9
the profession. 10
(2) The provisional general registration is cancelled when the person 11
receives a certificate of general registration under section 52(1).13 12
(3) The general registration is taken to have started from the day the 13
person was registered as a provisional general registrant. 14
66 Board decides to refuse to register provisional general registrant 15
as a general registrant 16
(1) This section applies if-- 17
(a) a person is a provisional general registrant in a profession; and 18
(b) the board decides to refuse to register the person as a general 19
registrant in the profession. 20
(2) The provisional general registration is cancelled when an 21
information notice about the decision is given to the person under 22
section 52(2). 23
(3) The person must return the certificate of provisional general 24
registration to the board within 14 days after receiving the information 25
notice, unless the person has a reasonable excuse. 26
Maximum penalty for subsection (3)--10 penalty units. 27
13 Section 52 (Steps to be taken after application decided)
s 67 46 s 68
Dental Technicians and Dental Prosthetists
Registration Bill 2001
67 Deemed refusal by board to register provisional general registrant 1
as a general registrant 2
(1) This section applies if-- 3
(a) a person is a provisional general registrant in a profession; and 4
(b) other than for section 53(4) or 54(5),14 the board would have been 5
taken to have decided to refuse to register the person as a general 6
registrant in the profession. 7
(2) The board is taken to have decided to refuse to register the person as 8
a general registrant on the expiry of the provisional general registration. 9
Division 4--Renewal of general registrations 10
Subdivision 1--Preliminary 11
68 Meaning of "recency of practice requirements" 12
(1) "Recency of practice requirements", for a profession, are 13
requirements, prescribed under a regulation, that if satisfied demonstrate 14
that an applicant for renewal of a general registration in the profession has 15
maintained an adequate connection with the profession. 16
(2) The requirements may include requirements about the following-- 17
(a) the nature, extent and period of practice of the profession by the 18
applicant; 19
(b) the nature and extent of any continuing professional education 20
undertaken by the applicant; 21
(c) the nature and extent of any research, study or teaching, relating 22
to the profession, undertaken by the applicant; 23
(d) the nature and extent of any administrative work, relating to the 24
profession, performed by the applicant. 25
14 Section 53 (Failure to decide applications) or 54 (Further consideration of
applications)
s 69 47 s 70
Dental Technicians and Dental Prosthetists
Registration Bill 2001
Subdivision 2--Applications for renewal of general registrations 1
69 Notification of imminent expiry of registration 2
The board must give a general registrant notice of the imminent expiry 3
of the registration at least 60 days before the expiry. 4
70 Procedural requirements for applications 5
(1) A general registrant may apply to the board for the renewal of the 6
registration. 7
(2) The application must be made within the period-- 8
(a) starting-- 9
(i) 60 days before the expiry of the registration; or 10
(ii) on an earlier day, if any, stated in the notice given to the 11
registrant under section 69; and 12
(b) ending immediately before the expiry. 13
(3) The application must-- 14
(a) be in the approved form; and 15
(b) be accompanied by-- 16
(i) the registration fee; and 17
(ii) any documents, identified in the approved form, the board 18
reasonably requires to decide the application. 19
(4) Information in the application must, if the approved form requires, be 20
verified by a statutory declaration. 21
(5) The approved form must require the applicant to state the 22
following-- 23
(a) whether the applicant suffers from any ongoing medical 24
condition, of which the applicant is aware, that the applicant 25
knows or ought reasonably to know adversely affects the 26
s 71 48 s 72
Dental Technicians and Dental Prosthetists
Registration Bill 2001
applicant's ability to competently and safely practise the 1
profession to which the application relates;15 2
(b) if there are recency of practice requirements for the profession 3
relevant to the applicant, details of the extent to which the 4
applicant has satisfied the requirements. 5
71 General registration taken to be in force while application is 6
considered 7
(1) If an application is made under section 70, the applicant's general 8
registration is taken to continue in force from the day it would, apart from 9
this section, have expired until-- 10
(a) if the board decides to renew the applicant's general 11
registration--the day a new certificate of general registration is 12
issued to the applicant under section 75(1); or 13
(b) if the board decides to refuse to renew the applicant's general 14
registration--the day an information notice about the decision is 15
given to the applicant under section 75(2); or 16
(c) if the application is taken to have been withdrawn under 17
section 72(4)--the day it is taken to have been withdrawn. 18
(2) Subsection (1) does not apply if the registration is earlier cancelled 19
under this Act or suspended or cancelled under the Health Practitioners 20
(Professional Standards) Act 1999. 21
Subdivision 3--Decision on applications 22
72 Inquiries into applications 23
(1) Before deciding the application, the board-- 24
(a) may investigate the applicant; and 25
(b) may, by notice given to the applicant, require the applicant to 26
give the board, within a reasonable time of at least 30 days stated 27
15 If this information indicates to the board that the applicant may be an impaired
registrant under the Health Practitioners (Professional Standards) Act 1999, the
applicant may be dealt with under that Act.
s 73 49 s 73
Dental Technicians and Dental Prosthetists
Registration Bill 2001
in the notice, further information or a document the board 1
reasonably requires to decide the application; and 2
(c) may, if the board is not satisfied the applicant has satisfied 3
recency of practice requirements for the profession to which the 4
application relates, by notice given to the applicant, require the 5
applicant to undergo a written, oral or practical examination 6
within a reasonable time of at least 30 days stated in the notice, 7
and at a reasonable place. 8
(2) The board may require the information or document mentioned in 9
subsection (1)(b) to be verified by a statutory declaration. 10
(3) The purpose of an examination under subsection (1)(c) must be to 11
assess any effect the applicant's non-satisfaction of the requirements has 12
on the applicant's ability to competently and safely practise the profession 13
to which the application relates. 14
(4) The applicant is taken to have withdrawn the application if, within 15
the stated time, the applicant-- 16
(a) does not comply with a requirement under subsection (1)(b); or 17
(b) does not undergo an examination under subsection (1)(c). 18
73 Decision 19
(1) The board must consider the application and decide to renew, or 20
refuse to renew, the applicant's general registration. 21
(2) In making its decision, the board must have regard only to the extent, 22
if any, to which the applicant has satisfied recency of practice requirements 23
for the profession to which the application relates.16 24
(3) If there are no recency of practice requirements for the profession 25
relevant to the applicant, the board must decide to renew the applicant's 26
general registration. 27
16 Under section 74(2), the board may decide to renew the registration on recency of
practice conditions if the board is not satisfied the applicant has satisfied recency of
practice requirements for the profession to which the applicant's application relates.
s 74 50 s 74
Dental Technicians and Dental Prosthetists
Registration Bill 2001
74 Recency of practice requirements are not satisfied 1
(1) This section applies if the board is not satisfied the applicant has 2
satisfied recency of practice requirements for the profession to which the 3
applicant's application relates. 4
(2) The board may decide to renew the applicant's general registration 5
on conditions ("recency of practice conditions") the board considers will 6
sufficiently address the extent to which the applicant has not satisfied the 7
requirements. 8
(3) Before deciding to renew the registration on recency of practice 9
conditions, the board must-- 10
(a) give notice to the applicant-- 11
(i) of the details of the proposed conditions; and 12
(ii) of the reason for the proposed imposition of the conditions; 13
and 14
(iii) that the applicant may make a written submission to the 15
board about the proposed conditions within a reasonable 16
time of at least 14 days stated in the notice; and 17
(b) have regard to any written submission made to the board by the 18
applicant before the stated day. 19
(4) If the board decides to renew the registration on recency of practice 20
conditions, it must as soon as practicable-- 21
(a) also decide the review period applying to the conditions;17 and 22
(b) give the applicant an information notice about the decisions. 23
(5) The imposition of the conditions takes effect on the later of the 24
following-- 25
(a) when the information notice is given to the applicant; 26
(b) immediately after the day the registration would have expired, 27
other than for its renewal. 28
17 The conditions may be reviewed under division 7 (Reviewing conditions of general
registrations).
s 75 51 s 77
Dental Technicians and Dental Prosthetists
Registration Bill 2001
75 Steps to be taken after application decided 1
(1) If the board decides to renew the applicant's general registration, it 2
must as soon as practicable issue a new certificate of general registration to 3
the applicant. 4
(2) If the board decides to refuse to renew the applicant's general 5
registration, it must as soon as practicable give the applicant an information 6
notice about the decision. 7
(3) Without affecting section 74(2), if the board decides to renew the 8
applicant's general registration, the renewed general registration is subject 9
to the conditions attaching to the registration immediately before the 10
decision takes effect.18 11
Division 5--Restoration of general registrations 12
76 Application of div 4, sdivs 1 and 3 13
For restoring a general registration, division 4, subdivisions 1 and 3, 14
other than sections 74(5) and 75(3),19 apply as if-- 15
(a) an application for renewal of a general registration were an 16
application for restoration of a general registration; and 17
(b) an applicant for renewal of a general registration were an 18
applicant for restoration of a general registration; and 19
(c) a renewal of a general registration were a restoration of a general 20
registration. 21
77 When an application for restoration of a general registration may 22
be made 23
If a person's general registration has expired, the person may apply to 24
the board for restoration of the registration within 3 months after the 25
expiry. 26
18 The conditions may include conditions imposed under the Health Practitioners
(Professional Standards) Act 1999.
19 Division 4 (Renewal of general registrations), subdivisions 1 (Preliminary) and
3 (Decision on applications), sections 74 (Recency of practice requirements are not
satisfied) and 75 (Steps to be taken after application decided)
s 78 52 s 79
Dental Technicians and Dental Prosthetists
Registration Bill 2001
78 Procedural requirements for applications 1
(1) The application must-- 2
(a) be in the approved form; and 3
(b) be accompanied by-- 4
(i) the restoration fee prescribed under a regulation (the 5
"restoration fee"); and 6
(ii) any documents, identified in the approved form, the board 7
reasonably requires to decide the application. 8
(2) Information in the application must, if the approved form requires, be 9
verified by a statutory declaration. 10
(3) The approved form must require the applicant to state the 11
following-- 12
(a) whether the applicant suffers from any ongoing medical 13
condition, of which the applicant is aware, that the applicant 14
knows or ought reasonably to know adversely affects the 15
applicant's ability to competently and safely practise the 16
profession to which the application relates;20 17
(b) if there are recency of practice requirements for the profession 18
relevant to the applicant, details of the extent to which the 19
applicant has satisfied the requirements. 20
79 Restoration of general registration as dental prosthetist 21
(1) This section applies if-- 22
(a) a person holds general registration as a dental technician and 23
dental prosthetist; and 24
(b) the person's general registration as a dental prosthetist expires; 25
and 26
(c) the person applies under section 77 for the restoration of the 27
person's general registration as a dental prosthetist. 28
20 If this information indicates to the board that the applicant may be an impaired
registrant under the Health Practitioners (Professional Standards) Act 1999, the
applicant may be dealt with under that Act.
s 80 53 s 83
Dental Technicians and Dental Prosthetists
Registration Bill 2001
(2) The board must decide not to restore the person's general registration 1
as a dental prosthetist if the person does not hold general registration as a 2
dental technician. 3
(3) Section 73, as applied by section 76, is subject to this section. 4
80 Period of restored registration 5
If the board decides to restore the applicant's general registration in a 6
profession during a general registration period for the profession, the 7
registration remains in force for the period-- 8
(a) commencing on the day when the board makes the decision; and 9
(b) ending on the last day of the general registration period. 10
81 Conditions of expired registration 11
Without affecting section 74(2), as applied by section 76, if the board 12
decides to restore the applicant's general registration, the registration is 13
subject to the conditions attaching to the registration immediately before its 14
expiry. 15
82 When recency of practice conditions take effect 16
If the board decides to restore the applicant's general registration on 17
recency of practice conditions, the imposition of the conditions takes effect 18
when the information notice about the decision is given by the board to the 19
applicant. 20
Division 6--Cancellation of general registrations 21
83 Ground for cancellation 22
A person's general registration may be cancelled, under this division, on 23
the ground that the person was registered because of a materially false or 24
misleading representation or declaration. 25
s 84 54 s 86
Dental Technicians and Dental Prosthetists
Registration Bill 2001
84 Show cause notice 1
(1) If the board believes the ground exists to cancel a general 2
registration, the board must before taking action to cancel the registration 3
give the registrant a notice (a "show cause notice"). 4
(2) The show cause notice must-- 5
(a) state the board proposes to cancel the registration; and 6
(b) state the ground for the proposed cancellation; and 7
(c) outline the facts and circumstances forming the basis for the 8
ground; and 9
(d) if the registration is general registration as a dental technician 10
and the registrant is also registered as a dental prosthetist--state 11
that if the general registration as a dental technician is cancelled, 12
the general registration or provisional general registration as a 13
dental prosthetist ends;21 and 14
(e) invite the registrant to show within a stated period (the "show 15
cause period") why the registration should not be cancelled. 16
(3) The show cause period must be a period ending not less than 21 days 17
after the show cause notice is given to the registrant. 18
85 Representations about show cause notices 19
(1) The registrant may make written representations about the show 20
cause notice to the board in the show cause period. 21
(2) The board must consider all written representations (the "accepted 22
representations") made under subsection (1). 23
86 Ending show cause process without further action 24
(1) This section applies if, after considering the accepted representations 25
for the show cause notice, the board no longer believes the ground exists to 26
cancel the registration. 27
(2) The board must not take any further action about the show cause 28
notice. 29
21 See section 119 (Effect on dental prosthetics registration if registration as dental
technician ceases to have effect).
s 87 55 s 88
Dental Technicians and Dental Prosthetists
Registration Bill 2001
(3) The board must also as soon as practicable after coming to the belief 1
give notice to the registrant that no further action is to be taken about the 2
show cause notice. 3
87 Cancellation 4
(1) This section applies if, after considering the accepted representations 5
for the show cause notice, the board-- 6
(a) still believes the ground exists to cancel the registration; and 7
(b) believes cancellation of the registration is warranted. 8
(2) This section also applies if there are no accepted representations for 9
the show cause notice. 10
(3) The board may decide to cancel the registration. 11
(4) If the board decides to cancel the registration, it must as soon as 12
practicable give the registrant an information notice about the decision. 13
(5) The decision takes effect on the day the information notice is given 14
to the registrant. 15
88 Return of cancelled certificate of general registration to board 16
(1) This section applies if the board decides to cancel a general 17
registration and gives an information notice for the decision to the 18
registrant. 19
(2) The registrant must return the certificate of general registration to the 20
board within 14 days after receiving the information notice, unless the 21
registrant has a reasonable excuse. 22
Maximum penalty for subsection (2)--10 penalty units. 23
s 89 56 s 90
Dental Technicians and Dental Prosthetists
Registration Bill 2001
Division 7--Reviewing conditions of general registrations 1
Subdivision 1--Review of conditions imposed by the board or District 2
Court 3
89 Review of conditions 4
(1) Conditions imposed on a general registration under this Act may be 5
reviewed under this division. 6
(2) However, conditions imposed on a general registration as a dental 7
prosthetist under section 52(3)22 may not be reviewed under this division.23 8
90 How registrant may start a review 9
(1) The registrant to whom the conditions relate may apply to the board 10
for a review of the conditions. 11
(2) However, the application must not be made-- 12
(a) during the review period applying to the conditions; or 13
(b) while an appeal to the District Court about the decision to impose 14
the conditions is pending. 15
(3) The application must-- 16
(a) be in the approved form; and 17
(b) be accompanied by the fee prescribed under a regulation. 18
(4) The approved form must require the registrant to state-- 19
(a) that the registrant believes the conditions are no longer 20
appropriate; and 21
(b) the reason for the registrant's belief. 22
(5) The board must consider the application and make a decision under 23
section 95. 24
22 Section 52 (Steps to be taken after application decided)
23 See section 97 (Effect on dental prosthetic registration if conditions on dental
technician registration are changed or removed).
s 91 57 s 92
Dental Technicians and Dental Prosthetists
Registration Bill 2001
91 Review of conditions during review period 1
(1) This section applies if, during the review period applying to the 2
conditions, the board reasonably believes the conditions may no longer be 3
appropriate. 4
(2) The board may, with the written agreement of the registrant to whom 5
the conditions relate, review the conditions. 6
92 Board's powers before making decision 7
(1) Before making its decision under section 95, the board-- 8
(a) may investigate the registrant; and 9
(b) may, by notice given to the registrant, require the registrant to 10
give the board, within a reasonable time of at least 30 days stated 11
in the notice, further information or a document the board 12
reasonably requires to make the decision; and 13
(c) may, by notice given to the registrant, require the registrant to 14
undergo a written, oral or practical examination within a 15
reasonable time of at least 30 days stated in the notice, and at a 16
reasonable place; and 17
(d) may, by notice given to the registrant, require the registrant to 18
undergo a health assessment within a reasonable time of at least 19
30 days stated in the notice, and at a reasonable place. 20
(2) The board may require the information or document mentioned in 21
subsection (1)(b) to be verified by a statutory declaration. 22
(3) Subject to section 95(2), the purpose of an examination under 23
subsection (1)(c) must be to assess the registrant's ability to competently 24
and safely practise the profession to which the registrant's registration 25
relates. 26
(4) Subject to section 95(2), the purpose of an assessment under 27
subsection (1)(d) must be to assess the registrant's mental and physical 28
capacity to competently and safely practise the profession to which the 29
registrant's registration relates. 30
(5) Also, a notice under subsection (1)(d) must state-- 31
(a) the reason for the assessment; and 32
(b) the name and qualifications of the person appointed by the board 33
to conduct the assessment; and 34
s 93 58 s 94
Dental Technicians and Dental Prosthetists
Registration Bill 2001
(c) the place where, and the day and time at which, the assessment is 1
to be conducted. 2
93 Application of ss 4750 3
(1) This section applies if the board believes it is necessary for the 4
registrant to undergo a health assessment under section 92(1)(d). 5
(2) Sections 47 to 5024 apply as if-- 6
(a) an applicant for general registration were the registrant; and 7
(b) the reference in section 47(1) to section 46(1)(d) were a 8
reference to section 92(1)(d). 9
94 Deemed withdrawal of application etc. 10
(1) Subsections (2) and (3) apply if the conditions are being reviewed 11
because of an application made by the registrant under section 90. 12
(2) The registrant is taken to have withdrawn the application if, within 13
the stated time, the registrant-- 14
(a) does not comply with a requirement under section 92(1)(b); or 15
(b) does not undergo an examination under section 92(1)(c); or 16
(c) does not undergo an assessment under section 92(1)(d). 17
(3) A notice under section 92(1)(b), (c) or (d) must be given to the 18
registrant within 60 days after the board receives the application. 19
(4) Subsections (5) and (6) apply if the conditions are being reviewed 20
under section 91. 21
(5) The board is taken to have decided to confirm the conditions if, 22
within the stated time, the registrant-- 23
(a) does not comply with a requirement under section 92(1)(b); or 24
(b) does not undergo an examination under section 92(1)(c); or 25
(c) does not undergo an assessment under section 92(1)(d). 26
24 Sections 47 (Appointment of appropriately qualified person to conduct health
assessment), 48 (Report about health assessment), 49 (Use of assessment report) and
50 (Payment for health assessments and reports)
s 95 59 s 96
Dental Technicians and Dental Prosthetists
Registration Bill 2001
(6) A notice under section 92(1)(b), (c) or (d) must be given to the 1
registrant within 60 days after the board agrees with the registrant to 2
review the conditions. 3
95 Decision 4
(1) After reviewing the conditions, the board must decide-- 5
(a) to confirm the conditions; or 6
(b) to remove the conditions; or 7
(c) to change the conditions. 8
(2) In making its decision, the board must consider whether the 9
conditions remain necessary or desirable for the registrant to competently 10
and safely practise the profession to which the registrant's registration 11
relates. 12
(3) If the board decides to confirm or change the conditions, the 13
conditions may only be confirmed or changed for the reasons the 14
conditions were initially imposed. 15
(4) If the board decides to confirm or change the conditions, it must as 16
soon as practicable-- 17
(a) also decide the review period applying to the confirmed or 18
changed conditions; and 19
(b) give the registrant an information notice about the decisions. 20
(5) If the board decides to remove the conditions, it must as soon as 21
practicable give the registrant notice of the decision. 22
96 When decision takes effect 23
(1) If the board decides to confirm the conditions, the decision takes 24
effect when it is made. 25
(2) If the board decides to change the conditions, the change takes effect 26
when an information notice about the decision is given to the registrant 27
under section 95(4)(b) and does not depend on the certificate of general 28
registration being amended to record the change or a replacement 29
certificate of general registration being issued. 30
(3) If the board decides to remove the conditions, the removal takes 31
effect when notice of the decision is given to the registrant under 32
s 97 60 s 97
Dental Technicians and Dental Prosthetists
Registration Bill 2001
section 95(5) and does not depend on the certificate of general registration 1
being amended to record the removal or a replacement certificate of 2
general registration being issued. 3
97 Effect on dental prosthetics registration if conditions on dental 4
technician registration are changed or removed 5
(1) This section applies if-- 6
(a) a registrant holds general registration as a dental prosthetist; and 7
(b) the registrant's general registration as a dental technician is 8
subject to conditions; and 9
(c) the conditions are changed or removed under this Act.25 10
(2) The conditions are taken to be-- 11
(a) for a decision to change the conditions on the registrant's general 12
registration as a dental technician--changed in the same way on 13
the registrant's general registration as a dental prosthetist; and 14
(b) for a decision to remove the conditions from the registrant's 15
general registration as a dental technician--removed from the 16
registrant's general registration as a dental prosthetist. 17
(3) The change to, or removal of, the conditions on the general 18
registration as a dental prosthetist takes effect on the same day (the 19
"effective day") as the day the board's decision to change or remove the 20
conditions on the general registration as a dental technician takes effect. 21
(4) The information notice given to the registrant about the decision to 22
change or remove the conditions on the registrant's general registration as 23
a dental technician must also include a direction to the registrant to return 24
the certificate of general registration as a dental prosthetist within 14 days 25
after the effective day. 26
(5) The registrant must return the certificate to the board within 14 days 27
after the effective day, unless the registrant has a reasonable excuse. 28
Maximum penalty--10 penalty units. 29
25 See section 52(3) which provides that if the board decides to register a person as a
general registrant in the dental prosthetics profession, the general registration is
subject to the conditions, other than any recency of practice conditions, attaching to
the person's general registration as a dental technician immediately before the
decision takes effect.
s 98 61 s 98
Dental Technicians and Dental Prosthetists
Registration Bill 2001
(6) On receiving the certificate, the board must-- 1
(a) amend the certificate in an appropriate way and return the 2
amended certificate to the registrant; or 3
(b) if the board does not consider it practicable to amend the 4
certificate--issue another certificate of general registration as a 5
dental prosthetist to the registrant to replace the certificate 6
returned to the board. 7
(7) In this section-- 8
"conditions" means conditions other than recency of practice conditions. 9
98 Failure by board to make decision on application 10
(1) Subject to subsections (2) and (3), if the board fails to decide an 11
application under section 9026 within 60 days after its receipt, the failure is 12
taken to be a decision by the board to remove the conditions. 13
(2) Subsection (3) applies if the board has-- 14
(a) under section 92(1)(b),27 required the applicant to give the board 15
further information or a document; or 16
(b) under section 92(1)(c), required the applicant to undergo an 17
examination; or 18
(c) under section 92(1)(d), required the applicant to undergo a health 19
assessment. 20
(3) The board is taken to have decided to remove the conditions if the 21
board fails to decide the application by the latest of the following days-- 22
(a) the day that is 60 days after the board receives the further 23
information or document; 24
(b) the day that is 60 days after the board receives the results of the 25
examination; 26
(c) the day that is 60 days after the board receives the assessment 27
report. 28
(4) The removal of the conditions under subsection (1) or (3) does not 29
depend on the certificate of general registration being amended to record 30
26 Section 90 (How registrant may start a review)
27 Section 92 (Board's powers before making decision)
s 99 62 s 100
Dental Technicians and Dental Prosthetists
Registration Bill 2001
the removal or a replacement certificate of general registration being 1
issued. 2
99 Failure by board to make decision on review agreed to under s 91 3
(1) Subject to subsections (2) and (3), if the board fails to make a 4
decision on a review agreed to under section 9128 within 60 days after the 5
agreement, the failure is taken to be a decision by the board to remove the 6
conditions. 7
(2) Subsection (3) applies if the board has-- 8
(a) under section 92(1)(b), required the registrant to give the board 9
further information or a document; or 10
(b) under section 92(1)(c), required the registrant to undergo an 11
examination; or 12
(c) under section 92(1)(d), required the registrant to undergo a health 13
assessment. 14
(3) The board is taken to have decided to remove the conditions if the 15
board fails to make a decision on the review by the latest of the following 16
days-- 17
(a) the day that is 60 days after the board receives the further 18
information or document; 19
(b) the day that is 60 days after the board receives the results of the 20
examination; 21
(c) the day that is 60 days after the board receives the assessment 22
report. 23
(4) The removal of the conditions under subsection (1) or (3) does not 24
depend on the certificate of general registration being amended to record 25
the removal or a replacement certificate of general registration being 26
issued. 27
100 Further decision required if certain conditions changed 28
(1) This section applies if the conditions were imposed because of the 29
registrant's mental and physical health. 30
28 Section 91 (Review of conditions during review period)
s 101 63 s 101
Dental Technicians and Dental Prosthetists
Registration Bill 2001
(2) If the board decides to change the conditions, it must also decide 1
whether details of the changed conditions must be recorded in the register 2
for the period for which the conditions are in force. 3
(3) The board must decide not to record details of the changed 4
conditions in the register unless it reasonably believes it is in the interests 5
of users of the registrant's services or the public to know the details. 6
Subdivision 2--Recording change, or removal, of conditions 7
101 Amendment of, or replacing, certificates of general registration 8
(1) This section applies if-- 9
(a) a general registrant receives an information notice, under 10
section 95(4)(b), about decisions relating to a change of the 11
conditions of the registration; or 12
(b) a general registrant receives a notice, under section 95(5), about a 13
decision to remove the conditions of the registration; or 14
(c) the board is taken, under section 98 or 99, to have decided to 15
remove the conditions of a general registration. 16
(2) The registrant must return the certificate of general registration to the 17
board-- 18
(a) if subsection (1)(a) or (b) applies--within 14 days after receiving 19
the notice, unless the registrant has a reasonable excuse; or 20
(b) if subsection (1)(c) applies--within 14 days after the day the 21
registrant actually becomes aware of the removal. 22
Maximum penalty--10 penalty units. 23
(3) On receiving the certificate, the board must-- 24
(a) amend the certificate in an appropriate way and return the 25
amended certificate to the registrant; or 26
(b) if the board does not consider it practicable to amend the 27
certificate, issue another certificate of general registration to the 28
registrant to replace the certificate returned to the board. 29
s 102 64 s 103
Dental Technicians and Dental Prosthetists
Registration Bill 2001
Division 8--Special purpose registrations 1
Subdivision 1--Applications for special purpose registration 2
102 Undertaking of special activities relating to the profession 3
A person may obtain special purpose registration to undertake 1 or more 4
of the following activities (the "special activities") relating to a 5
profession-- 6
(a) study or train at postgraduate level; 7
(b) teach; 8
(c) engage in research; 9
(d) give clinical demonstrations. 10
103 Application of divs 2 and 3 11
(1) For a person being registered as a special purpose registrant, division 12
2, other than subdivisions 2, 6 and 7 and section 52(3) and (4), and division 13
329 apply as if-- 14
(a) an application for general registration were an application for 15
special purpose registration; and 16
(b) an applicant for general registration were an applicant for special 17
purpose registration; and 18
(c) a general registration were a special purpose registration; and 19
(d) a general registrant were a special purpose registrant; and 20
(e) a certificate of general registration were a certificate of special 21
purpose registration; and 22
(f) a provisional general registrant were a provisional special 23
purpose registrant; and 24
29 Division 2 (Applications for general registration), subdivisions 2 (Eligibility for
general registration), 6 (Period of general registration) and 7 (Conditions of general
registration) and section 52 (Steps to be taken after application decided) and division
3 (Provisional general registration)
s 104 65 s 105
Dental Technicians and Dental Prosthetists
Registration Bill 2001
(g) a provisional general registration were a provisional special 1
purpose registration; and 2
(h) a certificate of provisional general registration were a certificate 3
of provisional special purpose registration. 4
(2) The approved form for a certificate of special purpose registration, or 5
provisional special purpose registration, must also provide for the inclusion 6
of details of the special activity for which the registrant is registered. 7
104 Eligibility 8
An applicant for special purpose registration in a profession is eligible 9
for special purpose registration in the profession if the applicant-- 10
(a) has a qualification required for special purpose registration in the 11
profession; and 12
(b) is a suitable person to be a special purpose registrant. 13
105 Qualifications for special purpose registration 14
(1) An applicant for special purpose registration in a profession has a 15
qualification required for special purpose registration in the profession if 16
the applicant is the holder of a qualification in the profession recognised by 17
the board. 18
(2) In deciding whether to recognise the qualification, the board may 19
have regard to the following-- 20
(a) whether the course leading to the qualification has been 21
accredited by an entity responsible for accrediting courses for the 22
profession; 23
(b) whether the educational institution conferring or awarding the 24
qualification has been accredited by an entity responsible for 25
accrediting institutions to educate persons for the profession; 26
(c) the advice and recommendations of an entity recognised by the 27
board as competent to assess qualifications in the profession. 28
s 106 66 s 108
Dental Technicians and Dental Prosthetists
Registration Bill 2001
106 Suitability to be a special purpose registrant 1
In deciding whether an applicant for special purpose registration in a 2
profession is a suitable person to be a special purpose registrant in the 3
profession, the board may have regard to the following-- 4
(a) whether the applicant has been convicted of an indictable 5
offence; 6
(b) whether the applicant has been convicted of an offence against 7
the repealed Act, this Act, the Health Practitioners (Professional 8
Standards) Act 1999 or a corresponding law; 9
(c) if the applicant has been registered under this Act or the repealed 10
Act in the profession or is, or has been, registered under a 11
corresponding law in the profession and the registration was 12
affected-- 13
(i) by the imposition of a condition--the nature of the 14
condition and the reason for its imposition; or 15
(ii) by its suspension or cancellation--the reason for its 16
suspension or cancellation; or 17
(iii) in another way--the way it was affected and the reason for 18
it being affected; 19
(d) any other issue relevant to the applicant's ability to undertake the 20
special activity the subject of the application. 21
107 Period of special purpose registration 22
If the board decides to register the applicant as a special purpose 23
registrant, the registration remains in force for the period, not more than 24
1 year, decided by the board when deciding to register the applicant as a 25
special purpose registrant. 26
108 Imposition of conditions by board 27
(1) The board may decide to register the applicant as a special purpose 28
registrant on conditions the board considers necessary or desirable for the 29
applicant to competently and safely undertake the special activity the 30
subject of the application. 31
s 109 67 s 110
Dental Technicians and Dental Prosthetists
Registration Bill 2001
(2) If the board decides to register the applicant as a special purpose 1
registrant on conditions, it must as soon as practicable give the applicant an 2
information notice about the decision. 3
109 Contravention of conditions 4
A special purpose registrant must not contravene a condition of the 5
registration imposed under this Act. 6
Maximum penalty--100 penalty units. 7
Subdivision 2--Renewal of special purpose registrations 8
110 Application of div 4, sdivs 2 and 3 9
For renewing a special purpose registration, division 4, subdivisions 2 10
and 3, other than sections 70(5)(a) and 75(3)30 and the provisions to the 11
extent to which they relate to recency of practice requirements, apply as 12
if-- 13
(a) an application for the renewal of a general registration were an 14
application for the renewal of a special purpose registration; and 15
(b) an applicant for the renewal of a general registration were an 16
applicant for the renewal of a special purpose registration; and 17
(c) an applicant's general registration were an applicant's special 18
purpose registration; and 19
(d) a general registrant were a special purpose registrant; and 20
(e) a certificate of general registration were a certificate of special 21
purpose registration. 22
30 Division 4 (Renewal of general registrations), subdivisions 2 (Applications for
renewal of general registrations) and 3 (Decision on applications), sections 70
(Procedural requirements for applications) and 75 (Steps to be taken after
application decided)
s 111 68 s 114
Dental Technicians and Dental Prosthetists
Registration Bill 2001
111 Matters that may be considered in deciding whether to renew 1
special purpose registrations 2
In deciding whether to renew a special purpose registration, the board 3
may have regard to the matters to which the board may have regard in 4
deciding whether a proposed special purpose registrant is a suitable person 5
to be a special purpose registrant.31 6
112 Imposition of conditions by board 7
(1) The board may decide to renew a special purpose registration on 8
conditions the board considers necessary or desirable for the registrant to 9
competently and safely undertake the special activity the subject of the 10
registration. 11
(2) If the board decides to renew a special purpose registration on 12
conditions, it must as soon as practicable give the registrant an information 13
notice about the decision. 14
(3) To remove doubt, it is declared that any conditions attaching to the 15
registration immediately before its renewal do not continue to apply to the 16
registration on its renewal. 17
113 Period of renewed special purpose registration 18
If the board decides to renew a special purpose registration, the 19
registration remains in force for the period, not more than 1 year, decided 20
by the board when deciding to renew the registration. 21
Subdivision 3--Cancellation of special purpose registrations 22
114 Application of div 6 23
For cancelling a special purpose registration, division 6, other than 24
sections 83 and 84(2)(d), applies as if32-- 25
(a) a general registration were a special purpose registration; and 26
31 See section 106 (Suitability to be a special purpose registrant) for a list of the
matters.
32 Division 6 (Cancellation of general registrations), sections 83 (Ground for
cancellation) and 84 (Show cause notice)
s 115 69 s 116
Dental Technicians and Dental Prosthetists
Registration Bill 2001
(b) a certificate of general registration were a certificate of special 1
purpose registration. 2
115 Grounds for cancellation 3
Each of the following is a ground for cancelling a special purpose 4
registration-- 5
(a) the registrant has practised the profession to which the 6
registration relates other than for the special activity for which 7
the registrant is registered; 8
(b) the registrant has been convicted of an indictable offence; 9
(c) the registrant has been convicted of an offence against this Act, 10
the Health Practitioners (Professional Standards) Act 1999 or a 11
corresponding law; 12
(d) the registrant has contravened a condition of the registration; 13
(e) the registrant was registered because of a materially false or 14
misleading representation or declaration. 15
Subdivision 4--Removal of conditions 16
116 Removal 17
(1) This section applies if the board reasonably believes the conditions 18
imposed on a special purpose registration under this Act are no longer 19
necessary or desirable for the registrant to competently and safely 20
undertake the special activity the subject of the registration. 21
(2) The board must decide to remove the conditions. 22
(3) The board must give the registrant notice of the decision as soon as 23
practicable after it is made. 24
(4) The registrant must return the certificate of special purpose 25
registration to the board within 14 days after receiving the notice, unless 26
the registrant has a reasonable excuse. 27
Maximum penalty--10 penalty units. 28
(5) On receiving the certificate, the board must-- 29
(a) amend the certificate in an appropriate way and return the 30
amended certificate to the registrant; or 31
s 117 70 s 119
Dental Technicians and Dental Prosthetists
Registration Bill 2001
(b) if the board does not consider it practicable to amend the 1
certificate--issue another certificate of special purpose 2
registration to the registrant to replace the certificate returned to 3
the board. 4
(6) The removal takes effect when notice of the decision is given to the 5
registrant and does not depend on the certificate of special purpose 6
registration being amended to record the removal or a replacement 7
certificate of special purpose registration being issued. 8
Division 9--General provisions about registrations 9
117 Person is taken to be registered under this part 10
(1) This section applies if, under this Act, an entity decides to-- 11
(a) register a person in a profession; or 12
(b) restore a person's registration in a profession. 13
(2) The person is taken to be registered under this part in the profession. 14
118 Surrender of registrations 15
(1) A registrant may surrender the registration by notice given to the 16
board. 17
(2) The surrender takes effect-- 18
(a) on the day the notice is given to the board; or 19
(b) if a later day of effect is stated in the notice, on the later day. 20
(3) The registrant must return the certificate of registration to the board 21
within 14 days after the day the surrender takes effect, unless the registrant 22
has a reasonable excuse. 23
Maximum penalty for subsection (3)--10 penalty units. 24
119 Effect on dental prosthetics registration if registration as dental 25
technician ceases to have effect 26
(1) This section applies if a dental prosthetist's general registration as a 27
dental technician ends under this Act. 28
s 120 71 s 120
Dental Technicians and Dental Prosthetists
Registration Bill 2001
(2) The registrant's general registration or provisional general 1
registration as a dental prosthetist ends on the same day (the "effective 2
day") as the day the general registration as a dental technician ends. 3
(3) Subsection (2) applies despite section 71.33 4
(4) If the registrant's general registration as a dental technician is 5
cancelled by the board, the information notice given to the registrant about 6
the decision to cancel the registration must also include a direction to the 7
registrant to return the certificate of general registration or certificate of 8
provisional general registration as a dental prosthetist within 14 days after 9
the effective day. 10
(5) The registrant must return the certificate to the board within 14 days 11
after the effective day, unless the registrant has a reasonable excuse. 12
Maximum penalty for subsection (5)--10 penalty units. 13
120 Replacement of certificates of registration 14
(1) A registrant may apply to the board for the replacement of the 15
certificate of registration if it has been lost, stolen, destroyed or damaged. 16
(2) The board must consider the application and decide to grant, or 17
refuse to grant, the application. 18
(3) The board must decide to grant the application if it is satisfied the 19
certificate has been lost, stolen or destroyed, or damaged in a way to 20
require its replacement. 21
(4) If the board decides to grant the application, it must on payment of 22
the fee prescribed under a regulation-- 23
(a) replace the lost, stolen, destroyed or damaged certificate with 24
another certificate of registration; and 25
(b) give the replacement certificate of registration to the applicant. 26
(5) If the board decides to refuse to grant the application, it must as soon 27
as practicable give the applicant an information notice about the decision. 28
33 Section 71 (General registration taken to be in force while application is considered)
s 121 72 s 124
Dental Technicians and Dental Prosthetists
Registration Bill 2001
121 Certified copy of certificates of registration 1
A registrant may, on payment of the fee prescribed under a regulation, 2
obtain from the board a certified copy of the certificate of registration. 3
122 Notification of change in circumstances 4
A registrant must, within 21 days after the happening of a change in the 5
registrant's circumstances prescribed under a regulation, advise the board 6
of the change. 7
Maximum penalty--10 penalty units. 8
123 Decision about recording certain conditions in register 9
(1) This section applies if a person holds general registration as a dental 10
technician and dental prosthetist and-- 11
(a) conditions ("health conditions") are imposed under this Act on 12
the registrant's general registration as a dental technician because 13
of the registrant's mental or physical health; or 14
(b) the health conditions (the "changed health conditions") are 15
changed under this Act. 16
(2) The decision made, under this Act, about recording details of the 17
health conditions or changed health conditions in the register applies in the 18
same way to the same conditions attaching to the registrant's general 19
registration as a dental prosthetist. 20
124 Notification of certain events to interstate regulatory authorities 21
and other entities 22
(1) This section applies if-- 23
(a) a person's general registration or special purpose registration is 24
cancelled under this Act; or 25
(b) conditions are imposed, under this Act, on a person's general 26
registration or special purpose registration; or 27
(c) conditions on a person's general registration or special purpose 28
registration are removed under this Act. 29
s 124 73 s 124
Dental Technicians and Dental Prosthetists
Registration Bill 2001
(2) As soon as practicable after an event mentioned in subsection (1) 1
happens, the board must give notice about the event to each interstate 2
regulatory authority with which the board is aware the person is registered. 3
(3) Also, the board may give notice about the event to any of the 4
following-- 5
(a) the chief executive; 6
(b) other State regulatory authorities; 7
(c) foreign regulatory authorities; 8
(d) professional colleges of which the person is eligible to be a 9
member; 10
(e) professional associations of which the person is eligible to be a 11
member; 12
(f) an employer of the person; 13
(g) the Health Insurance Commission; 14
(h) the Health Rights Commissioner; 15
(i) the Minister; 16
(j) another entity having a connection with the person's practice as a 17
general or special purpose registrant. 18
(4) However, the board must not give a notice about the event to an 19
entity under subsection (3) unless the board reasonably believes-- 20
(a) the entity needs to know about the event; and 21
(b) giving the entity notice about the event will assist in achieving 22
the objects of this Act. 23
(5) A notice under this section may include the information the board 24
considers appropriate in the circumstances. 25
(6) In this section-- 26
"impose", a condition, does not include confirm the condition. 27
"State regulatory authorities" means boards established under the health 28
practitioner registration Acts. 29
s 125 74 s 125
Dental Technicians and Dental Prosthetists
Registration Bill 2001
PART 4--OBLIGATIONS OF REGISTRANTS AND 1
OTHER PERSONS 2
Division 1--Restricted titles and holding out 3
125 Taking of restricted titles etc. 4
(1) A person who is not a registrant in a profession must not take or use a 5
restricted title for the profession. 6
7
Maximum penalty--1 000 penalty units.
8
Examples of an individual taking or using a restricted title--
9
1. AB describes himself or herself as `AB, dental technician'.
10
2. AB describes himself or herself as `AB, dental prosthetist'.
11
Examples of a corporation taking or using a restricted title--
12
1. ABC Pty Ltd describes itself as `ABC Pty Ltd, dental technicians'.
13
2. ABC Pty Ltd describes itself as `ABC Pty Ltd, dental prosthetists'.
14
3. A corporation having a restricted title as part of its name.
(2) Subsection (1) does not apply to a person if-- 15
(a) the person takes or uses a restricted title for a profession as part 16
of a business name for a business providing professional services 17
in the profession; and 18
(b) in the carrying on of the business by the person, a registrant in 19
the profession provides professional services in the profession. 20
(3) Also, subsection (1) does not apply to a person if-- 21
(a) the person is undertaking study or training in the practice of a 22
profession to obtain a qualification for registration in the 23
profession; and 24
(b) the person takes or uses a restricted title for the profession, in the 25
course of the study or training, in conjunction with words that 26
indicate the person is a student or trainee in the profession. 27
(4) A person (the "first person") must not, in relation to another person 28
who the first person knows, or ought reasonably to know, is not a registrant 29
in a profession, use a restricted title for the profession. 30
Maximum penalty--1 000 penalty units. 31
(5) Subsection (4) does not apply if-- 32
s 126 75 s 126
Dental Technicians and Dental Prosthetists
Registration Bill 2001
(a) the other person is undertaking study or training in the practice of 1
a profession to obtain a qualification for registration in the 2
profession; and 3
(b) the first person takes or uses a restricted title for the profession in 4
relation to the other person, in the course of the study or training, 5
in conjunction with words that indicate the other person is a 6
student or trainee in the profession. 7
(6) A person who is not a registrant in a profession must not take or use a 8
title (other than a restricted title), name, initial, symbol, word or description 9
that, having regard to the circumstances in which it is taken or used, 10
indicates or could be reasonably understood to indicate-- 11
(a) if the profession is the dental technology profession, the person is 12
a dental technician; or 13
(b) if the profession is the dental prosthetics profession, the person is 14
a dental prosthetist; or 15
(c) the person is authorised or qualified to practise the profession. 16
Maximum penalty--500 penalty units. 17
(7) A person (the "first person") must not, in relation to another person 18
who the first person knows, or ought reasonably to know, is not a registrant 19
in a profession, use a title (other than a restricted title), name, initial, 20
symbol, word or description that, having regard to the circumstances in 21
which it is used, indicates or could reasonably be understood to indicate-- 22
(a) if the profession is the dental technology profession, the other 23
person is a dental technician; or 24
(b) if the profession is the dental prosthetics profession, the other 25
person is a dental prosthetist; or 26
(c) the other person is authorised or qualified to practise the 27
profession. 28
Maximum penalty--500 penalty units. 29
(8) In this section the terms `dental technician' and `dental prosthetist' 30
are not limited by the meanings of the terms in the dictionary in schedule 4. 31
126 Claims by persons as to registration 32
A person who is not a registrant in a profession must not-- 33
s 127 76 s 128
Dental Technicians and Dental Prosthetists
Registration Bill 2001
(a) claim, or hold himself or herself out, to be registered under this 1
Act in the profession; or 2
(b) allow himself or herself to be held out as being registered under 3
this Act in the profession; or 4
(c) claim, or hold himself or herself out, to be eligible to be 5
registered under this Act in the profession. 6
Maximum penalty--1 000 penalty units. 7
127 Claims by persons as to other persons' registration 8
A person must not hold out another person as being registered under this 9
Act in a profession if the person knows, or ought reasonably to know, the 10
other person is not registered under this Act in the profession. 11
Maximum penalty--1 000 penalty units. 12
13
Example--
14
A person carrying on a business providing dental prosthetic services must not hold
15
out that an employee of the person is a dental prosthetist if the person knows the
16
employee is not a dental prosthetist.
128 Restrictions on special purpose registrants, provisional general 17
registrants and provisional special purpose registrants 18
(1) A person who is a special purpose registrant or provisional special 19
purpose registrant must not-- 20
(a) claim, or hold himself or herself out, to be a general registrant or 21
provisional general registrant; or 22
(b) allow himself or herself to be held out as being a general 23
registrant or provisional general registrant; or 24
(c) claim, or hold himself or herself out, to be eligible to be a general 25
registrant or provisional general registrant. 26
Maximum penalty--100 penalty units. 27
(2) A person who is a provisional general registrant must not-- 28
(a) claim, or hold himself or herself out, to be a general registrant; or 29
(b) allow himself or herself to be held out as being a general 30
registrant; or 31
s 129 77 s 130
Dental Technicians and Dental Prosthetists
Registration Bill 2001
(c) claim, or hold himself or herself out, to be eligible to be a general 1
registrant. 2
Maximum penalty--100 penalty units. 3
(3) A person who is a provisional special purpose registrant must not-- 4
(a) claim, or hold himself or herself out, to be a special purpose 5
registrant; or 6
(b) allow himself or herself to be held out as being a special purpose 7
registrant; or 8
(c) claim, or hold himself or herself out, to be eligible to be a special 9
purpose registrant. 10
Maximum penalty--100 penalty units. 11
129 Restrictions on registrants registered on conditions 12
A registrant who is registered on conditions must not-- 13
(a) claim, or hold himself or herself out, to be registered without the 14
conditions or any conditions; or 15
(b) allow himself or herself to be held out as being registered without 16
the conditions or any conditions. 17
Maximum penalty--100 penalty units. 18
Division 2--Notification of business names and other details 19
130 Notification of business names etc. 20
(1) A registrant must, before carrying on a business providing 21
professional services under a business name other than the registrant's own 22
name, give the board notice of the business name. 23
Maximum penalty--10 penalty units. 24
(2) Subsection (1) applies whether or not the business name is registered 25
under the Business Names Act 1962. 26
(3) An individual who is not a registrant must, before carrying on a 27
business providing professional services, give the board notice of-- 28
(a) the business name of the business (whether or not the name is 29
registered under the Business Names Act 1962); and 30
s 131 78 s 132
Dental Technicians and Dental Prosthetists
Registration Bill 2001
(b) the name and address of the individual. 1
Maximum penalty--10 penalty units. 2
(4) A corporation must, before carrying on a business providing 3
professional services, give the board notice of-- 4
(a) the business name of the business (whether or not the name is 5
registered under the Business Names Act 1962); and 6
(b) the name and principal address of the corporation; and 7
(c) the names and addresses of-- 8
(i) if the corporation is a corporation under the Corporations 9
Law--the directors of the corporation; or 10
(ii) if the corporation is not a corporation under the 11
Corporations Law--the members of the governing body of 12
the corporation. 13
Maximum penalty for subsection (4)--50 penalty units. 14
131 Notification of change in business names etc. 15
(1) This section applies if-- 16
(a) a person has given the board a notice under section 130; and 17
(b) there is a change in the information contained in the notice. 18
(2) The person must, within 14 days after the happening of the change, 19
give the board notice of the change. 20
Maximum penalty--10 penalty units. 21
(3) The person does not commit an offence against section 130 during 22
the period of 14 days after the happening of the change if the person 23
complies with subsection (2). 24
Division 3--Advertising 25
132 Obligations of advertisers 26
(1) A person must not advertise a professional service, or a business 27
providing professional services, in a way that-- 28
s 133 79 s 133
Dental Technicians and Dental Prosthetists
Registration Bill 2001
(a) is false, misleading or deceptive or is likely to be misleading or 1
deceptive; or 2
3
Example for paragraph (a)--
4
An advertisement that contains a false claim about the beneficial outcome
5
of a professional service.
(b) offers a discount, gift or other inducement to attract a person to 6
use the service or the business, unless the advertisement also 7
states the terms of the offer; or 8
(c) refers to, uses or cites actual or purported endorsements or 9
testimonials about the service or business, or a registrant; or 10
(d) is disparaging of-- 11
(i) a professional service provided by another person; or 12
(ii) a business providing professional services; or 13
(iii) a registrant. 14
Maximum penalty--200 penalty units. 15
(2) A person must not advertise a professional service that the person 16
knows or ought reasonably to know will, or is likely to, harm a person to 17
whom it is provided. 18
Maximum penalty--200 penalty units. 19
(3) A person must not advertise a registrant's expertise in a field of 20
practice of the profession to which the registrant's registration relates 21
unless the registrant has the skills, knowledge, training or qualifications 22
necessary to practise in the field. 23
Maximum penalty--200 penalty units. 24
(4) A printer or publisher does not commit an offence against 25
subsection (1), (2) or (3) merely by, as part of his or her business, printing 26
or publishing an advertisement for another person. 27
133 Information to appear in advertisements 28
(1) A person must not advertise a professional service, or a business 29
providing professional services, unless-- 30
(a) if a registrant provides the service, or carries on the business, 31
under a business name that is the registrant's own name--the 32
registrant's name is stated in the advertisement; or 33
s 134 80 s 135
Dental Technicians and Dental Prosthetists
Registration Bill 2001
(b) otherwise--the business name notified to the board under 1
section 130(1), (3) or (4) is stated in the advertisement. 2
Maximum penalty--50 penalty units. 3
(2) A printer or publisher does not commit an offence against 4
subsection (1) merely by, as part of his or her business, printing or 5
publishing an advertisement for another person. 6
Division 4--Registrants' autonomy 7
134 Aiding and abetting etc. conduct that is a ground for disciplinary 8
action 9
(1) A person must not aid, abet, counsel, procure or induce a registrant to 10
engage in conduct that the person is aware, or ought reasonably be aware, 11
is conduct forming the basis for a ground for disciplinary action against a 12
registrant mentioned in the Health Practitioners (Professional Standards) 13
Act 1999, section 124(1).34 14
Maximum penalty--1 000 penalty units. 15
(2) To remove doubt, it is declared that a registrant may be induced by 16
threats or promises. 17
Division 5--Court orders and injunctions 18
135 Persons may be prohibited from supplying health services etc. 19
(1) This section applies if a person is convicted of an offence against 20
section 125, 126, 127, 132(1)(a), (2) or (3), 134(1) or 138.35 21
(2) The court sentencing the person for the offence may, on its own 22
initiative or the application of the prosecutor, make an order under 23
subsection (3) or (5). 24
34 Health Practitioners (Professional Standards) Act 1999, section 124 (Grounds for
disciplinary action)
35 Section 125 (Taking of restricted titles etc.), 126 (Claims by persons as to
registration), 127 (Claims by persons as to other persons' registration),
132 (Obligations of advertisers), 134 (Aiding, abetting etc. conduct that is a ground
for disciplinary action) or 138 (Offence for taking reprisal)
s 136 81 s 136
Dental Technicians and Dental Prosthetists
Registration Bill 2001
(3) The court may make an order, applying for a period decided by the 1
court-- 2
(a) prohibiting the person from providing, or carrying on or 3
managing a business providing, a health service; or 4
(b) prohibiting the person from having a financial interest in a 5
business providing a health service; or 6
(c) if the person is a corporation, prohibiting an executive officer of 7
the corporation, who was in a position to influence the conduct of 8
the corporation in relation to the offence, from managing a 9
corporation that carries on a business providing a health service. 10
(4) For subsection (3)(c), a person manages a corporation if the person is 11
a director, or is in any way concerned in or takes part in the management 12
of, the corporation. 13
(5) Also, the court may make an order, applying for a period decided by 14
the court-- 15
(a) prohibiting the person from entering into commercial 16
arrangements with a person who provides, carries on or manages 17
a business providing, a health service; or 18
(b) if the person is a corporation, prohibiting an executive officer of 19
the corporation, who was in a position to influence the conduct of 20
the corporation in relation to the offence, from entering into 21
commercial arrangements with a person who provides, carries on 22
or manages a business providing, a health service. 23
(6) An order under subsection (3) or (5) may apply generally or be 24
limited in its application by reference to specified conditions, exceptions or 25
factors. 26
(7) A reference in subsection (5) to a person entering into commercial 27
arrangements includes the entering into commercial arrangements on 28
behalf of another person. 29
(8) A person must not contravene an order under subsection (3) or (5). 30
Maximum penalty for subsection (8)--1 000 penalty units. 31
136 Injunctions 32
(1) This section applies if-- 33
(a) a person (the "offending party")-- 34
s 136 82 s 136
Dental Technicians and Dental Prosthetists
Registration Bill 2001
(i) has engaged, is engaging or is proposing to engage in 1
conduct; or 2
(ii) has failed, is failing or is proposing to fail to do anything; 3
and 4
(b) the conduct or failure constituted, constitutes or would constitute 5
a contravention of section 125, 126, 127, 132(1)(a), (2) or (3) 6
or 134(1). 7
(2) Application may be made to the court under this section for an 8
injunction in relation to the conduct or failure. 9
(3) The application may be made by the board or a person authorised in 10
writing by the board. 11
(4) The court may grant an interim injunction under this section until the 12
application is finally decided. 13
(5) On considering the application for the injunction, the court may-- 14
(a) in a case to which subsection (1)(a)(i) applies--grant an 15
injunction restraining the offending party from engaging in the 16
conduct concerned and, if in the court's opinion it is desirable to 17
do so, requiring the offending party to do anything; or 18
(b) in a case to which subsection (1)(a)(ii) applies--grant an 19
injunction requiring the offending party to do the thing 20
concerned. 21
(6) The court may grant the injunction-- 22
(a) if the court is satisfied that the offending party has engaged in the 23
conduct, or failed to do the thing, mentioned in subsection (1), 24
whether or not it appears to the court that the offending party 25
intends-- 26
(i) to engage again, or continue to engage, in the conduct; or 27
(ii) to again fail, or continue to fail, to do the thing; or 28
(b) if it appears to the court that, if the injunction is not granted, it is 29
likely that the offending party will engage in the conduct, or fail 30
to do the thing, mentioned in subsection (1), whether or not the 31
offending party has previously engaged in the conduct or failed 32
to do the thing. 33
(7) The court may grant the injunction on the terms the court considers 34
appropriate. 35
s 137 83 s 137
Dental Technicians and Dental Prosthetists
Registration Bill 2001
(8) Also, the court may grant an injunction requiring the offending party 1
to take stated action (including action to disclose information or publish 2
advertisements) to remedy any adverse effects of the offending party's 3
conduct or failure. 4
(9) The court may discharge an injunction granted under this section at 5
any time. 6
(10) The powers conferred on the court by this section are in addition to, 7
and do not limit, any other powers of the court. 8
(11) In this section-- 9
"court" means-- 10
(a) if proceedings for an offence relating to the conduct or failure are 11
pending in a Magistrates Court--the Magistrates Court; or 12
(b) in any case--the District Court. 13
Division 6--Reprisals 14
137 Reprisal and grounds for reprisals 15
(1) A person must not cause, or attempt or conspire to cause, detriment 16
to another person because, or in the belief that-- 17
(a) anybody has given, or may give, information or assistance to the 18
board or an inspector about a person's alleged contravention of 19
division 1 or section 132(1)(a), (2) or (3) or 134(1);36 or 20
(b) anybody has given, or may give, evidence to the court in 21
proceedings for an offence against division 1 or 22
section 132(1)(a), (2) or (3) or 134(1). 23
(2) An attempt to cause detriment includes an attempt to induce a person 24
to cause detriment. 25
(3) A contravention of subsection (1) is a reprisal or the taking of a 26
reprisal. 27
(4) A ground mentioned in subsection (1) as the ground for a reprisal is 28
the unlawful ground for the reprisal. 29
36 Division 1 (Restricted titles and holding out), section 132 (Obligations of
advertisers) or 134 (Aiding, abetting etc. conduct that is a ground for disciplinary
action)
s 138 84 s 140
Dental Technicians and Dental Prosthetists
Registration Bill 2001
(5) For the contravention mentioned in subsection (3) to happen, it is 1
sufficient if the unlawful ground is a substantial ground for the act or 2
omission that is the reprisal, even if there is another ground for the act or 3
omission. 4
138 Offence for taking reprisal 5
A person who takes a reprisal commits an offence. 6
Maximum penalty--167 penalty units or 2 years imprisonment. 7
139 Damages entitlement for reprisal 8
(1) A reprisal is a tort and a person who takes a reprisal is liable in 9
damages to any person who suffers detriment as a result. 10
(2) Any appropriate remedy that may be granted by a court for a tort may 11
be granted by a court for the taking of a reprisal. 12
(3) If the claim for damages goes to trial in the Supreme Court or the 13
District Court, it must be decided by a judge sitting without a jury. 14
Division 7--Other provisions 15
140 Payment, or acceptance of payment, for referrals prohibited 16
(1) This section applies to a registrant, or a person carrying on a business 17
providing professional services, (the "service provider"). 18
(2) The service provider must not, directly or indirectly, pay an amount 19
or give another benefit, or attempt to pay an amount or give another 20
benefit, to a person in return for the person referring another person to the 21
service provider or service provider's business. 22
Maximum penalty--200 penalty units. 23
(3) The service provider must not, directly or indirectly, accept payment 24
or another benefit for referring a user of the professional services provided 25
by the service provider, or service provider's business, to a person 26
providing, or carrying on a business providing, a health service. 27
Maximum penalty for subsection (3)--200 penalty units. 28
s 141 85 s 145
Dental Technicians and Dental Prosthetists
Registration Bill 2001
PART 5--INVESTIGATION AND ENFORCEMENT 1
Division 1--Inspectors 2
141 Functions of inspectors 3
An inspector has the function of conducting investigations and 4
inspections to enforce compliance with this Act. 5
142 Powers of inspectors 6
For this Act, an inspector has the powers given to the person under this 7
Act. 8
143 Limitation on powers of inspectors 9
The powers of an inspector may be limited under a condition of 10
appointment. 11
Division 2--Appointment of inspectors and other matters 12
144 Appointments 13
The board may appoint the following persons as an inspector-- 14
(a) a member; 15
(b) the executive officer; 16
(c) if the executive officer has agreed to the appointment, a member 17
of the office's staff the board considers has the necessary 18
expertise or experience to be an inspector; 19
(d) another person the board considers has the necessary expertise or 20
experience to be an inspector. 21
145 Appointment conditions 22
(1) An inspector holds office on the conditions stated in the instrument 23
of appointment. 24
s 146 86 s 148
Dental Technicians and Dental Prosthetists
Registration Bill 2001
(2) An inspector ceases holding office-- 1
(a) if the appointment provides for a term of appointment--at the 2
end of the term; or 3
(b) if the conditions of appointment provide--on ceasing to hold 4
another office (the "main office") stated in the appointment 5
conditions. 6
(3) An inspector may resign by signed notice of resignation given to the 7
board. 8
(4) However, an inspector may not resign from the office of inspector 9
(the "secondary office") if a condition of the inspector's employment to 10
the main office requires the inspector to hold the secondary office. 11
146 Identity cards 12
(1) The board must give an identity card to each inspector. 13
(2) The identity card must-- 14
(a) contain a recent photograph of the inspector; and 15
(b) be signed by the inspector; and 16
(c) identify the person as an inspector for this Act; and 17
(d) include an expiry date for the card. 18
(3) This section does not prevent the issue of a single identity card to a 19
person for this Act and other Acts. 20
147 Failure to return identity card 21
A person who ceases to be an inspector must return the person's identity 22
card to the chairperson within 7 days after the person ceases to be an 23
inspector, unless the person has a reasonable excuse. 24
Maximum penalty--10 penalty units. 25
148 Production or display of inspector's identity card 26
(1) An inspector may exercise a power in relation to someone else (the 27
"other person") only if the inspector-- 28
(a) first produces the inspector's identity card for the other person's 29
inspection; or 30
s 149 87 s 150
Dental Technicians and Dental Prosthetists
Registration Bill 2001
(b) has the identity card displayed so it is clearly visible to the other 1
person. 2
(2) However, if for any reason it is not practicable to comply with 3
subsection (1) before exercising the power, the inspector must produce the 4
identity card for the other person's inspection at the first reasonable 5
opportunity. 6
Division 3--Powers of inspectors 7
Subdivision 1--Entry of places 8
149 Power to enter places 9
(1) An inspector may enter a place if-- 10
(a) its occupier consents to the entry; or 11
(b) it is a public place and the entry is made when the place is open 12
to the public; or 13
(c) the entry is authorised by a warrant. 14
(2) For the purpose of asking the occupier of a place for consent to enter, 15
an inspector may, without the occupier's consent or a warrant-- 16
(a) enter land around premises at the place to an extent that is 17
reasonable to contact the occupier; or 18
(b) enter part of the place the inspector reasonably considers 19
members of the public ordinarily are allowed to enter when they 20
wish to contact the occupier. 21
Subdivision 2--Procedure for entry 22
150 Entry with consent 23
(1) This section applies if an inspector intends to ask an occupier of a 24
place to consent to the inspector or another inspector entering the place 25
under section 149(1)(a). 26
(2) Before asking for the consent, the inspector must tell the occupier-- 27
(a) the purpose of the entry; and 28
s 151 88 s 151
Dental Technicians and Dental Prosthetists
Registration Bill 2001
(b) that the occupier is not required to consent. 1
(3) If the consent is given, the inspector may ask the occupier to sign an 2
acknowledgment of the consent. 3
(4) The acknowledgment must state-- 4
(a) the occupier has been told-- 5
(i) the purpose of the entry; and 6
(ii) that the occupier is not required to consent; and 7
(b) the purpose of the entry; and 8
(c) the occupier gives the inspector consent to enter the place and 9
exercise powers under this part; and 10
(d) the time and date the consent was given. 11
(5) If the occupier signs the acknowledgment, the inspector must 12
immediately give a copy to the occupier. 13
(6) A court must find the occupier of a place did not consent to an 14
inspector entering the place under this part if-- 15
(a) an issue arises in a proceeding before the court whether the 16
occupier of the place consented to the entry under 17
section 149(1)(a); and 18
(b) an acknowledgment mentioned in subsection (4) is not produced 19
in evidence for the entry; and 20
(c) it is not proved by the person relying on the lawfulness of the 21
entry that the occupier consented to the entry. 22
151 Application for warrant 23
(1) An inspector may apply to a magistrate for a warrant for a place. 24
(2) The application must be sworn and state the grounds on which the 25
warrant is sought. 26
(3) The magistrate may refuse to consider the application until the 27
inspector gives the magistrate all the information the magistrate requires 28
about the application in the way the magistrate requires. 29
30
Example--
31
The magistrate may require additional information supporting the application to be
32
given by statutory declaration.
s 152 89 s 153
Dental Technicians and Dental Prosthetists
Registration Bill 2001
152 Issue of warrant 1
(1) The magistrate may issue a warrant only if the magistrate is satisfied 2
there are reasonable grounds for suspecting-- 3
(a) there is a particular thing or activity (the "evidence") that may 4
provide evidence of an offence against this Act; and 5
(b) the evidence is at the place, or may be at the place within the next 6
7 days. 7
(2) The warrant must state-- 8
(a) that a stated inspector may, with necessary and reasonable help 9
and force-- 10
(i) enter the place and any other place necessary for entry; and 11
(ii) exercise the inspector's powers under this part; and 12
(b) the offence for which the warrant is sought; and 13
(c) the evidence that may be seized under the warrant; and 14
(d) the hours of the day or night when the place may be entered; and 15
(e) the date, within 14 days after the warrant's issue, the warrant 16
ends. 17
153 Special warrants 18
(1) An inspector may apply for a warrant (a "special warrant") by 19
phone, fax, radio or another form of communication if the inspector 20
considers it necessary because of-- 21
(a) urgent circumstances; or 22
(b) other special circumstances, including, for example, the 23
inspector's remote location. 24
(2) Before applying for the special warrant, the inspector must prepare 25
an application stating the grounds on which the warrant is sought. 26
(3) The inspector may apply for the special warrant before the 27
application is sworn. 28
(4) After issuing the special warrant, the magistrate must immediately 29
fax a copy (the "facsimile warrant") to the inspector if it is reasonably 30
practicable to fax the copy. 31
(5) If it is not reasonably practicable to fax a copy to the inspector-- 32
s 154 90 s 154
Dental Technicians and Dental Prosthetists
Registration Bill 2001
(a) the magistrate must tell the inspector-- 1
(i) what the terms of the special warrant are; and 2
(ii) the date and time the special warrant was issued; and 3
(b) the inspector must complete a form of warrant (a "warrant 4
form") and write on it-- 5
(i) the magistrate's name; and 6
(ii) the date and time the magistrate issued the special warrant; 7
and 8
(iii) the terms of the special warrant. 9
(6) The facsimile warrant, or the warrant form properly completed by 10
the inspector, authorises the entry and the exercise of the other powers 11
stated in the special warrant issued. 12
(7) The inspector must, at the first reasonable opportunity, send to the 13
magistrate-- 14
(a) the sworn application; and 15
(b) if the inspector completed a warrant form, the completed warrant 16
form. 17
(8) On receiving the documents, the magistrate must attach them to the 18
special warrant. 19
(9) A court must find the exercise of the power by an inspector was not 20
authorised by a special warrant if-- 21
(a) an issue arises in a proceeding before the court whether the 22
exercise of the power was authorised by a special warrant 23
mentioned in subsection (1); and 24
(b) the special warrant is not produced in evidence; and 25
(c) it is not proved by the person relying on the lawfulness of the 26
entry that the inspector obtained the special warrant. 27
154 Warrants--procedure before entry 28
(1) This section applies if an inspector named in a warrant issued under 29
this part for a place is intending to enter the place under the warrant. 30
(2) Before entering the place, the inspector must do or make a 31
reasonable attempt to do the following things-- 32
s 155 91 s 155
Dental Technicians and Dental Prosthetists
Registration Bill 2001
(a) identify himself or herself to a person present at the place who is 1
an occupier of the place by producing a copy of the inspector's 2
identity card or other document evidencing the inspector's 3
appointment; 4
(b) give the person a copy of the warrant or, if the entry is authorised 5
by a facsimile warrant or warrant form mentioned in 6
section 153(6), a copy of the facsimile warrant or warrant form; 7
(c) tell the person the inspector is permitted by the warrant to enter 8
the place; 9
(d) give the person an opportunity to allow the inspector immediate 10
entry to the place without using force. 11
(3) However, the inspector need not comply with subsection (2) if the 12
inspector believes on reasonable grounds that immediate entry to the place 13
is required to ensure the effective execution of the warrant is not frustrated. 14
Subdivision 3--Powers after entry 15
155 General powers after entering places 16
(1) This section applies to an inspector who enters a place. 17
(2) However, if an inspector enters a place to get the occupier's consent 18
to enter premises, this section applies to the inspector only if the consent is 19
given or the entry is otherwise authorised. 20
(3) For enforcing compliance with this Act, the inspector may-- 21
(a) search any part of the place; or 22
(b) inspect, measure, test, photograph or film any part of the place or 23
anything at the place; or 24
(c) take a thing, or a sample of or from a thing, for analysis or 25
testing; or 26
(d) take an extract from, or copy, a document at the place; or 27
(e) take into or onto the place any person, equipment and materials 28
the inspector reasonably requires for exercising a power under 29
this part; or 30
s 156 92 s 158
Dental Technicians and Dental Prosthetists
Registration Bill 2001
(f) require the occupier of the place, or a person at the place, to give 1
the inspector reasonable help to exercise the inspector's powers 2
under paragraphs (a) to (e); or 3
(g) require the occupier of the place, or a person at the place, to give 4
the inspector information to help the inspector ascertain whether 5
this Act is being complied with. 6
(4) When making a requirement mentioned in subsection (3)(f) or (g), 7
the inspector must warn the person it is an offence to fail to comply with 8
the requirement, unless the person has a reasonable excuse. 9
156 Failure to help inspector 10
(1) A person required to give reasonable help under section 155(3)(f) 11
must comply with the requirement, unless the person has a reasonable 12
excuse. 13
Maximum penalty--50 penalty units. 14
(2) If an individual is required under section 155(3)(f) to give 15
information, or produce a document, it is a reasonable excuse for the 16
individual not to comply with the requirement that complying with the 17
requirement might tend to incriminate the individual. 18
157 Failure to give information 19
(1) A person of whom a requirement is made under section 155(3)(g) 20
must comply with the requirement, unless the person has a reasonable 21
excuse. 22
Maximum penalty--50 penalty units. 23
(2) It is a reasonable excuse for an individual not to comply with the 24
requirement that complying with the requirement might tend to incriminate 25
the individual. 26
Subdivision 4--Power to seize evidence 27
158 Seizing evidence at a place that may be entered without consent or 28
warrant 29
An inspector who enters a place that may be entered under this division 30
without the consent of the occupier and without a warrant, may seize a 31
s 159 93 s 160
Dental Technicians and Dental Prosthetists
Registration Bill 2001
thing at the place if the inspector reasonably believes the thing is evidence 1
of an offence against this Act. 2
159 Seizing evidence at a place that may only be entered with consent 3
or warrant 4
(1) This section applies if-- 5
(a) an inspector is authorised to enter a place under this division only 6
with the consent of the occupier of the place or a warrant; and 7
(b) the inspector enters the place after obtaining the necessary 8
consent or warrant. 9
(2) If the inspector enters the place with the occupier's consent, the 10
inspector may seize a thing at the place if-- 11
(a) the inspector reasonably believes the thing is evidence of an 12
offence against this Act; and 13
(b) seizure of the thing is consistent with the purpose of entry as told 14
to the occupier when asking for the occupier's consent. 15
(3) If the inspector enters the place with a warrant, the inspector may 16
seize the evidence for which the warrant was issued. 17
(4) The inspector also may seize anything else at the place if the 18
inspector reasonably believes-- 19
(a) the thing is evidence of an offence against this Act; and 20
(b) the seizure is necessary to prevent the thing being-- 21
(i) hidden, lost or destroyed; or 22
(ii) used to continue, or repeat, the offence. 23
(5) Also, the inspector may seize a thing at the place if the inspector 24
reasonably believes it has just been used in committing an offence against 25
this Act. 26
160 Securing seized things 27
Having seized a thing, an inspector may-- 28
(a) move the thing from the place where it was seized (the "place of 29
seizure"); or 30
s 161 94 s 162
Dental Technicians and Dental Prosthetists
Registration Bill 2001
(b) leave the thing at the place of seizure but take reasonable action 1
to restrict access to it. 2
3
Examples of restricting access to a thing--
4
1. Sealing a thing and marking it to show access to it is restricted.
5
2. Sealing the entrance to a room where the seized thing is situated and
6
marking the entrance to show access to the room is restricted.
161 Tampering with seized things 7
If an inspector restricts access to a seized thing, a person must not 8
tamper, or attempt to tamper, with the thing, or something restricting access 9
to the thing, without an inspector's approval. 10
Maximum penalty--100 penalty units. 11
162 Powers to support seizure 12
(1) To enable a thing to be seized, an inspector may require the person in 13
control of it-- 14
(a) to take it to a stated reasonable place by a stated reasonable time; 15
and 16
(b) if necessary, to remain in control of it at the stated place for a 17
reasonable time. 18
(2) The requirement-- 19
(a) must be made by notice in the approved form; or 20
(b) if for any reason it is not practicable to give the notice, may be 21
made orally and confirmed by notice in the approved form as 22
soon as practicable. 23
(3) A further requirement may be made under this section about the 24
same thing if it is necessary and reasonable to make the further 25
requirement. 26
(4) A person of whom a requirement is made under subsection (1) or (3) 27
must comply with the requirement, unless the person has a reasonable 28
excuse. 29
Maximum penalty for subsection (4)--50 penalty units. 30
s 163 95 s 164
Dental Technicians and Dental Prosthetists
Registration Bill 2001
163 Receipts for seized things 1
(1) As soon as practicable after an inspector seizes a thing, the inspector 2
must give a receipt for it to the person from whom it was seized. 3
(2) However, if for any reason it is not practicable to comply with 4
subsection (1), the inspector must leave the receipt at the place of seizure in 5
a conspicuous position and in a reasonably secure way. 6
(3) The receipt must describe generally each thing seized and its 7
condition. 8
(4) This section does not apply to a thing if it is impracticable or would 9
be unreasonable to give the receipt, given the thing's nature, condition and 10
value. 11
164 Forfeiture of seized things 12
(1) A seized thing is forfeited to the State if the inspector who seized the 13
thing-- 14
(a) can not find its owner, after making reasonable inquiries; or 15
(b) can not return it to its owner, after making reasonable efforts; or 16
(c) reasonably believes it is necessary to retain the thing to prevent it 17
being used to commit an offence against this Act. 18
(2) In applying subsection (1)-- 19
(a) subsection (1)(a) does not require the inspector to make inquiries 20
if it would be unreasonable to make inquiries to find the owner; 21
and 22
(b) subsection (1)(b) does not require the inspector to make efforts if 23
it would be unreasonable to make efforts to return the thing to its 24
owner. 25
(3) If the inspector makes a decision under subsection (1)(c), resulting in 26
the seized thing being forfeited to the State, the inspector must immediately 27
give the owner an information notice for the decision. 28
(4) Subsection (3) does not apply if-- 29
(a) the inspector can not find the owner, after making reasonable 30
inquiries; or 31
(b) it is impracticable or would be unreasonable to give the 32
information notice. 33
s 165 96 s 166
Dental Technicians and Dental Prosthetists
Registration Bill 2001
(5) Regard must be had to a thing's nature, condition and value-- 1
(a) in deciding-- 2
(i) whether it is reasonable to make inquiries or efforts; and 3
(ii) if making inquiries or efforts, what inquiries or efforts, 4
including the period over which they are made, are 5
reasonable; or 6
(b) in deciding whether it would be unreasonable to give the 7
information notice. 8
165 Forfeiture on conviction 9
(1) On the conviction of a person for an offence against this Act, the 10
court may order the forfeiture to the State of-- 11
(a) anything used to commit the offence; or 12
(b) anything else the subject of the offence. 13
(2) The court may make the order-- 14
(a) whether or not the thing has been seized; and 15
(b) if the thing has been seized, whether or not the thing has been 16
returned to its owner. 17
(3) The court may make any order to enforce the forfeiture it considers 18
appropriate. 19
(4) This section does not limit the court's powers under the Penalties 20
and Sentences Act 1992 or another law. 21
166 Dealing with forfeited things etc. 22
(1) On the forfeiture of a thing to the State, the thing becomes the State's 23
property and may be dealt with by the executive officer as the executive 24
officer considers appropriate. 25
(2) Without limiting subsection (1), the executive officer may destroy or 26
dispose of the thing. 27
(3) Despite subsection (1), the executive officer must not deal with the 28
thing in a way that could prejudice the outcome of-- 29
(a) an appeal started under section 181(3); or 30
s 167 97 s 169
Dental Technicians and Dental Prosthetists
Registration Bill 2001
(b) another appeal, relevant to the thing, of which the executive 1
officer is aware. 2
167 Return of seized things 3
(1) If a seized thing has not been forfeited, the inspector must return it to 4
its owner-- 5
(a) at the end of 6 months; or 6
(b) if a proceeding for an offence involving the thing is started within 7
6 months, at the end of the proceeding and any appeal from the 8
proceeding. 9
(2) Despite subsection (1), unless the thing has been forfeited, the 10
inspector must immediately return a thing seized as evidence to its owner if 11
the inspector stops being satisfied its continued retention as evidence is 12
necessary. 13
168 Access to seized things 14
(1) Until a seized thing is forfeited or returned, an inspector must allow 15
its owner to inspect it and, if it is a document, to copy it. 16
(2) Subsection (1) does not apply if it is impracticable or would be 17
unreasonable to allow the inspection or copying. 18
Subdivision 5--Power to obtain information 19
169 Power to require name and address 20
(1) This section applies if-- 21
(a) an inspector finds a person committing an offence against this 22
Act; or 23
(b) an inspector finds a person in circumstances that lead, or has 24
information that leads, the inspector to reasonably suspect the 25
person has just committed an offence against this Act. 26
(2) The inspector may require the person to state the person's name and 27
residential address. 28
s 170 98 s 171
Dental Technicians and Dental Prosthetists
Registration Bill 2001
(3) When making the requirement, the inspector must warn the person it 1
is an offence to fail to state the person's name or residential address, unless 2
the person has a reasonable excuse. 3
(4) The inspector may require the person to give evidence of the 4
correctness of the stated name or residential address if the inspector 5
reasonably suspects the stated name or address is false. 6
(5) A requirement under subsection (2) or (4) is called a "personal 7
details requirement". 8
170 Failure to give name or address 9
(1) A person of whom a personal details requirement is made must 10
comply with the requirement, unless the person has a reasonable excuse. 11
Maximum penalty--50 penalty units. 12
(2) A person does not commit an offence against subsection (1) if-- 13
(a) the person was required to state the person's name and residential 14
address by an inspector who suspected the person had committed 15
an offence against this Act; and 16
(b) the person is not proved to have committed the offence. 17
171 Power to require production of documents 18
(1) An inspector may require a person to make available for inspection 19
by an inspector, or produce to the inspector for inspection, at a reasonable 20
time and place nominated by the inspector a document issued to the person 21
under this Act. 22
(2) The inspector may keep the document to copy it. 23
(3) The inspector must return the document to the person as soon as 24
practicable after copying it. 25
(4) While the document is in the inspector's possession, the inspector 26
must allow it to be inspected or copied, at a reasonable time, by a person 27
who would be entitled to inspect or copy it were it not in the inspector's 28
possession. 29
(5) A requirement under subsection (1) is called a "document 30
production requirement". 31
s 172 99 s 174
Dental Technicians and Dental Prosthetists
Registration Bill 2001
172 Failure to produce document 1
(1) A person of whom a document production requirement is made must 2
comply with the requirement, unless the person has a reasonable excuse. 3
Maximum penalty--50 penalty units. 4
(2) It is not a reasonable excuse for an individual not to comply with a 5
document production requirement if complying with the requirement might 6
tend to incriminate the individual. 7
173 Power to require information 8
(1) This section applies if an inspector reasonably believes-- 9
(a) an offence against this Act has been committed; and 10
(b) a person may be able to give information about the offence. 11
(2) The inspector may, by notice given to the person, require the person 12
to give information, including a document, about the offence to the 13
inspector at a stated reasonable time and place. 14
(3) The person must comply with a requirement under subsection (2), 15
unless the person has a reasonable excuse. 16
Maximum penalty--50 penalty units. 17
(4) For this section, it is a reasonable excuse for an individual to fail to 18
give information that giving the information might tend to incriminate the 19
individual. 20
Division 4--General enforcement matters 21
174 Notice of damage 22
(1) This section applies if-- 23
(a) an inspector damages property when exercising or purporting to 24
exercise a power; or 25
(b) a person (the "other person") acting under the direction of an 26
inspector damages property. 27
(2) The inspector must immediately give notice of particulars of the 28
damage to the person who appears to the inspector to be the owner of the 29
property. 30
s 175 100 s 175
Dental Technicians and Dental Prosthetists
Registration Bill 2001
(3) If the inspector believes the damage was caused by a latent defect in 1
the property or circumstances beyond the inspector's or other person's 2
control, the inspector may state the belief in the notice. 3
(4) If, for any reason, it is impracticable to comply with subsection (2), 4
the inspector must leave the notice in a conspicuous position and in a 5
reasonably secure way where the damage happened. 6
(5) This section does not apply to damage the inspector reasonably 7
believes is trivial. 8
(6) In this section-- 9
"owner", of property, includes the person in possession or control of it. 10
175 Compensation 11
(1) A person may claim from the board the cost of repairing or replacing 12
property damaged because of the exercise or purported exercise of a power 13
under any of the following subdivisions of division 337-- 14
· subdivision 1 (Entry of places) 15
· subdivision 3 (Powers after entry) 16
· subdivision 4 (Power to seize evidence). 17
(2) Without limiting subsection (1), compensation may be claimed for 18
loss or expense incurred in complying with a requirement made of the 19
person under the subdivision. 20
(3) Compensation may be claimed and ordered to be paid in a 21
proceeding-- 22
(a) brought in a court with jurisdiction for the recovery of the 23
amount of compensation claimed; or 24
(b) for an offence against this Act brought against the person 25
claiming compensation. 26
(4) A court may order compensation to be paid only if it is satisfied it is 27
just to make the order in the circumstances of the particular case. 28
37 Division 3 (Powers of inspectors)
s 176 101 s 178
Dental Technicians and Dental Prosthetists
Registration Bill 2001
176 False or misleading information 1
A person must not give information to an inspector the person knows is 2
false or misleading in a material particular. 3
Maximum penalty--50 penalty units. 4
177 False or misleading documents 5
(1) A person must not give an inspector a document containing 6
information the person knows is false or misleading in a material 7
particular. 8
Maximum penalty--50 penalty units. 9
(2) Subsection (1) does not apply to a person if the person, when giving 10
the document-- 11
(a) tells the inspector, to the best of the person's ability, how it is 12
false or misleading; and 13
(b) if the person has, or can reasonably obtain, the correct 14
information, gives the correct information. 15
178 Obstructing inspectors 16
(1) A person must not obstruct an inspector in the exercise of a power, 17
unless the person has a reasonable excuse. 18
Maximum penalty--100 penalty units. 19
(2) If a person has obstructed an inspector and the inspector decides to 20
proceed with the exercise of the power, the inspector must warn the person 21
that-- 22
(a) it is an offence to obstruct the inspector, unless the person has a 23
reasonable excuse; and 24
(b) the inspector considers the person's conduct is an obstruction. 25
(3) In this section-- 26
"obstruct" includes hinder and attempt to obstruct or hinder. 27
s 179 102 s 181
Dental Technicians and Dental Prosthetists
Registration Bill 2001
179 Impersonation of inspectors 1
A person must not pretend to be an inspector. 2
Maximum penalty--50 penalty units. 3
PART 6--APPEALS 4
180 Who may appeal 5
(1) A person (the "appellant") who is given, or is entitled to be given, 6
an information notice for a decision (the "original decision") may appeal 7
against the decision to the District Court.38 8
(2) To help users of this Act, schedule 1 identifies the decisions for 9
which an information notice must be given under this Act. 10
181 Starting appeals 11
(1) The appeal may be started at-- 12
(a) the District Court at the place where the person resides or carries 13
on business; or 14
(b) the District Court at Brisbane. 15
(2) Subsection (1) does not limit the District Court at which the appeal 16
may be started under the Uniform Civil Procedure Rules 1999. 17
(3) The notice of appeal under the Uniform Civil Procedure Rules 1999 18
must be filed with the registrar of the court within 28 days after-- 19
(a) if the appellant is given an information notice for the original 20
decision--the day the appellant is given the notice; or 21
(b) if paragraph (a) does not apply--the day the person otherwise 22
becomes aware of the original decision. 23
(4) The court may, at any time, extend the period for filing the notice of 24
appeal. 25
38 The Uniform Civil Procedure Rules 1999 contains provisions about appeals to the
District Court.
s 182 103 s 183
Dental Technicians and Dental Prosthetists
Registration Bill 2001
182 Hearing procedures 1
(1) In deciding the appeal, the court-- 2
(a) has the same powers as the person who made the original 3
decision; and 4
(b) is not bound by the rules of evidence; and 5
(c) must comply with natural justice. 6
(2) The appeal is by way of rehearing, unaffected by the original 7
decision, on the material before the person who made the original decision 8
and any further evidence allowed by the court. 9
183 Powers of court on appeal 10
(1) In deciding the appeal, the court may-- 11
(a) confirm the original decision; or 12
(b) amend the original decision; or 13
(c) substitute another decision for the original decision; or 14
(d) set aside the original decision and return the issue to the board 15
with the directions the court considers appropriate. 16
(2) In substituting another decision for the original decision, the court 17
has the same powers as the person who made the original decision. 18
19
Example--
20
The court may decide that an unsuccessful applicant for general registration be
21
registered either unconditionally or on particular conditions.
(3) If the court amends the original decision or substitutes another 22
decision for the original decision, the amended or substituted decision is, 23
for this Act (other than this part) taken to be the decision of the person who 24
made the original decision. 25
(4) If the court decides to impose conditions on a registration, the court 26
must-- 27
(a) state the reasons for the decision; and 28
(b) if the registration is a general registration, decide and state the 29
review period applying to the conditions.39 30
39 The conditions may be reviewed under part 3 (Registration), division 7 (Reviewing
conditions of general registrations).
s 184 104 s 186
Dental Technicians and Dental Prosthetists
Registration Bill 2001
(5) If the court decides to impose conditions on a registration because of 1
the registrant's mental and physical health, it must also decide whether 2
details of the conditions must be recorded in the register for the period for 3
which the conditions are in force. 4
(6) The court must decide not to record details of the conditions 5
mentioned in subsection (5) in the register unless it reasonably believes it is 6
in the interests of users of the registrant's services or the public to know the 7
details. 8
184 Appointment of assessors 9
(1) If the court is of the opinion that the appeal involves a question of 10
special knowledge and skill, the court may appoint 1 or more assessors 11
who in the court's opinion possess the special qualifications necessary for 12
the particular case to assist the court in its deciding the appeal. 13
(2) An assessor may advise the court on any matter, but all questions of 14
law and fact are to be decided by the court. 15
(3) The court may give the weight to the advice that it considers 16
appropriate. 17
PART 7--LEGAL PROCEEDINGS 18
Division 1--Evidence 19
185 Application of division 20
This division applies to a proceeding under this Act. 21
186 Appointments and authority 22
It is not necessary to prove-- 23
(a) an inspector's, or member's, appointment; or 24
(b) the executive officer's appointment; or 25
(c) the authority of an inspector, a member, the executive officer or a 26
member of the office's staff to do anything under this Act. 27
s 187 105 s 188
Dental Technicians and Dental Prosthetists
Registration Bill 2001
187 Signatures 1
A signature purporting to be the signature of the Minister, the 2
chairperson, a member, an inspector, the executive officer or a member of 3
the office's staff is evidence of the signature it purports to be. 4
188 Evidentiary provisions 5
A certificate purporting to be signed by the executive officer and stating 6
any of the following matters is evidence of the matter-- 7
(a) a stated document is one of the following things made, given, 8
issued or kept under this Act-- 9
(i) an appointment, approval or decision; 10
(ii) a notice, direction or requirement; 11
(iii) a certificate of registration; 12
(iv) a record, or an extract from a record; 13
(v) the register, or an extract from the register; 14
(b) a stated document is another document kept under this Act; 15
(c) a stated document is a copy of a thing mentioned in paragraph (a) 16
or (b); 17
(d) on a stated day, or during a stated period, a stated person was or 18
was not a registrant; 19
(e) on a stated day, or during a stated period, a registration-- 20
(i) was or was not in force; or 21
(ii) was or was not subject to a stated condition; 22
(f) on a stated day, a registration was cancelled; 23
(g) on a stated day, or during a stated period, an appointment as an 24
inspector was, or was not, in force for a stated person; 25
(h) on a stated day, a stated person was given a stated notice or 26
direction under this Act; 27
(i) on a stated day, a stated requirement was made of a stated person. 28
s 189 106 s 190
Dental Technicians and Dental Prosthetists
Registration Bill 2001
Division 2--Proceedings 1
189 Indictable and summary offences 2
(1) An offence against section 13840 is an indictable offence. 3
(2) Any other offence against this Act is a summary offence. 4
190 Proceedings for indictable offences 5
(1) A proceeding for an indictable offence against this Act may be taken, 6
at the election of the prosecution-- 7
(a) by way of summary proceeding under the Justices Act 1886; or 8
(b) on indictment. 9
(2) A magistrate must not hear an indictable offence summarily if-- 10
(a) the defendant asks at the start of the hearing that the charge be 11
prosecuted on indictment; or 12
(b) the magistrate considers the charge should be prosecuted on 13
indictment. 14
(3) If subsection (2) applies-- 15
(a) the magistrate must proceed by way of an examination of 16
witnesses for an indictable offence; and 17
(b) a plea of the person charged at the start of the proceeding must be 18
disregarded; and 19
(c) evidence brought in the proceeding before the magistrate decided 20
to act under subsection (2) is taken to be evidence in the 21
proceeding for the committal of the person for trial or sentence; 22
and 23
(d) before committing the person for trial or sentence, the magistrate 24
must make a statement to the person as required by the Justices 25
Act 1886, section 104(2)(b).41 26
40 Section 138 (Offence for taking reprisal)
41 Justices Act 1886, section 104 (Proceedings upon an examination of witnesses in
relation to an indictable offence)
s 191 107 s 195
Dental Technicians and Dental Prosthetists
Registration Bill 2001
191 Limitation on who may summarily hear indictable offence 1
(1) The proceeding must be before a magistrate if it is a proceeding-- 2
(a) for the summary conviction of a person on a charge for an 3
indictable offence; or 4
(b) for an examination of witnesses for a charge for an indictable 5
offence. 6
(2) However, if the proceeding is brought before a justice who is not a 7
magistrate, jurisdiction is limited to taking or making a procedural action 8
or order within the meaning of the Justices of the Peace and 9
Commissioners for Declarations Act 1991. 10
192 Limitation on time for starting summary proceedings 11
A proceeding for a summary offence against this Act by way of 12
summary proceeding under the Justices Act 1886 must start-- 13
(a) within 1 year after the commission of the offence; or 14
(b) within 6 months after the offence comes to the complainant's 15
knowledge, but within 2 years after the commission of the 16
offence. 17
193 Allegations of false or misleading information or documents 18
In any proceeding for an offence against this Act defined as involving 19
false or misleading information, or a false or misleading document, it is 20
enough for a charge to state that the information or document was, without 21
specifying which, `false or misleading'. 22
194 Penalties to be paid to board 23
All penalties recovered as a result of proceedings for offences against 24
this Act brought by the board must be ordered to be paid to the board. 25
195 Responsibility for acts or omissions of representatives 26
(1) This section applies in a proceeding for an offence against this Act. 27
(2) If it is relevant to prove a person's state of mind about a particular act 28
or omission, it is enough to show-- 29
s 196 108 s 196
Dental Technicians and Dental Prosthetists
Registration Bill 2001
(a) the act was done or omitted to be done by a representative of the 1
person within the scope of the representative's actual or apparent 2
authority; and 3
(b) the representative had the state of mind. 4
(3) An act done or omitted to be done for a person by a representative of 5
the person within the scope of the representative's actual or apparent 6
authority is taken to have been done or omitted to be done also by the 7
person, unless the person proves the person could not, by the exercise of 8
reasonable diligence, have prevented the act or omission. 9
(4) In this section-- 10
"representative" means-- 11
(a) for a corporation--an executive officer, employee or agent of the 12
corporation; or 13
(b) for an individual--an employee or agent of the individual. 14
"state of mind" of a person includes-- 15
(a) the person's knowledge, intention, opinion, belief or purpose; 16
and 17
(b) the person's reasons for the intention, opinion, belief or purpose. 18
196 Executive officers must ensure corporation complies with Act 19
(1) The executive officers of a corporation must ensure the corporation 20
complies with this Act. 21
(2) If a corporation commits an offence against a provision of this Act, 22
each of the corporation's executive officers also commits an offence, 23
namely, the offence of failing to ensure the corporation complies with the 24
provision. 25
Maximum penalty--the penalty for the contravention of the provision by 26
an individual. 27
(3) Evidence that the corporation has been convicted of an offence 28
against a provision of this Act is evidence that each of the executive 29
officers committed the offence of failing to ensure the corporation 30
complies with the provision. 31
s 197 109 s 197
Dental Technicians and Dental Prosthetists
Registration Bill 2001
(4) However, it is a defence for an executive officer to prove-- 1
(a) if the officer was in a position to influence the conduct of the 2
corporation in relation to the offence, the officer exercised 3
reasonable diligence to ensure the corporation complied with the 4
provision; or 5
(b) the officer was not in a position to influence the conduct of the 6
corporation in relation to the offence. 7
PART 8--REGISTER, RECORDS AND INFORMATION 8
Division 1--Register 9
197 Register to be kept 10
(1) The board must keep a register about registrants. 11
(2) The register may be kept in the way the board considers appropriate, 12
including, for example, in an electronic form. 13
(3) The register must contain the following details for each registrant-- 14
(a) the registrant's name; 15
(b) an address of the registrant notified by the registrant to the board; 16
(c) the profession in which the registrant is registered; 17
(d) whether the registrant is a general registrant, provisional general 18
registrant, special purpose registrant or provisional special 19
purpose registrant; 20
(e) the qualification relied on by the registrant to obtain registration; 21
(f) if the registrant is a special purpose registrant or provisional 22
special purpose registrant, details of the special activity for 23
which the registrant is registered; 24
(g) if conditions are imposed, under this Act, on the registrant's 25
registration-- 26
(i) for conditions imposed because of the registrant's mental 27
and physical health, the details of which it has been decided 28
s 198 110 s 199
Dental Technicians and Dental Prosthetists
Registration Bill 2001
under this Act not to record in the register--the fact that 1
conditions have been imposed; or 2
(ii) otherwise--details of the conditions; 3
(h) any other information required to be recorded in the register 4
under the Health Practitioners (Professional Standards) Act 5
1999; 6
(i) other details prescribed under a regulation. 7
(4) For subsection (3)(g), the fact or details must be recorded in the 8
register for the period the conditions are in force. 9
198 Inspection of register 10
(1) The board must-- 11
(a) keep the register open for inspection, free of charge, at the office 12
by members of the public during ordinary office hours; and 13
(b) give a person a copy of the register, or a part of it, on payment of 14
the fee prescribed under a regulation. 15
(2) Subsection (1) does not apply to details of the residential address of a 16
registrant, unless the registrant gives notice to the board that he or she 17
agrees to the details being able to be inspected. 18
Division 2--Records to be kept 19
199 Records 20
(1) The board must keep records of the following details about each 21
registrant or former registrant-- 22
(a) if the registration was affected under the Health Practitioners 23
(Professional Standards) Act 1999, details of the way it was 24
affected and the reason for it being affected; 25
(b) if the registration was cancelled under this Act, the fact of, and 26
the reason for, the cancellation; 27
(c) if conditions were, under this Act, imposed on the registration, 28
details of the conditions and the reasons for their imposition; 29
s 200 111 s 200
Dental Technicians and Dental Prosthetists
Registration Bill 2001
(d) other details prescribed under a regulation. 1
(2) The records must be kept for at least 10 years. 2
Division 3--Information 3
200 Confidentiality of information 4
(1) This section applies to a person (the "relevant person") who is or 5
was-- 6
(a) a member; or 7
(b) a member of a committee; or 8
(c) appointed by the board to conduct a health assessment of another 9
person; or 10
(d) an inspector; or 11
(e) the executive officer or a member of the office's staff; or 12
(f) otherwise involved in the administration of this Act. 13
(2) This section applies to information about a person obtained by the 14
relevant person in the course of performing the relevant person's functions 15
under this Act. 16
(3) The relevant person must not disclose the information to anyone else. 17
Maximum penalty--100 penalty units. 18
(4) However, the relevant person may disclose the information to 19
someone else-- 20
(a) to the extent necessary to perform the relevant person's functions 21
under or relating to this Act or the Health Practitioners 22
(Professional Standards) Act 1999; or 23
(b) if the disclosure is authorised under this or another Act; or 24
(c) if the disclosure is otherwise required or permitted by law; or 25
(d) if the person to whom the information relates agrees to the 26
disclosure; or 27
(e) if the disclosure is in a form that does not disclose the identity of 28
a person; or 29
s 201 112 s 201
Dental Technicians and Dental Prosthetists
Registration Bill 2001
(f) if the information is, or has been, accessible to the public, 1
including, for example, because it is or was recorded in the 2
register; or 3
(g) if the disclosure is to a foreign regulatory authority and the 4
disclosure is necessary for the authority to perform its functions; 5
or 6
(h) if the disclosure is to the Minister to allow the Minister to act 7
under paragraph (i); or 8
(i) if the Minister considers the disclosure is in the public interest 9
and authorises the relevant person to disclose the information. 10
(5) If the Minister authorises information to be disclosed under 11
subsection (4)(i) about a matter concerning a registrant, the Minister must 12
inform the board of the authorisation and its purpose. 13
(6) In this section-- 14
"information", about a person, means-- 15
(a) information about the person's health that identifies, or is likely 16
to identify, the person; or 17
(b) information about the person's criminal history obtained under a 18
request under section 45(4). 19
201 Board's annual report must disclose authorisation 20
(1) This section applies if the board is given information, under 21
section 200(5), in a financial year about an authorisation. 22
(2) The board must include a statement about the authorisation in its 23
annual report under the Financial Administration and Audit Act 1977 for 24
the financial year. 25
(3) The statement must include general details about-- 26
(a) the nature of the information disclosed under the authorisation; 27
and 28
(b) the purpose for which the information was disclosed. 29
(4) However, the statement must not identify any person. 30
s 202 113 s 204
Dental Technicians and Dental Prosthetists
Registration Bill 2001
PART 9--MISCELLANEOUS 1
Division 1--Abandoned, and other, health records 2
202 Definitions for div 1 3
In this division-- 4
"health records" means documents, recording the health history, 5
condition and treatment of users of the professional services provided 6
by a person, made in the course of the person's practice of the dental 7
prosthetics profession. 8
"possess", a health record, includes having the record under control in any 9
place, whether or not another person has custody of the record. 10
203 Board may take possession of abandoned health records 11
(1) This section applies if the board suspects on reasonable grounds that 12
health records have been abandoned. 13
(2) The board may take and keep possession of the records to be dealt 14
with under this division. 15
(3) For taking possession of the records, the board may give notice to the 16
occupier of the place where the records are situated to deliver the records to 17
the board to be dealt with under this division. 18
(4) The notice must state that the requirement must be complied with 19
within a period of 14 days after the occupier receives the notice. 20
(5) The occupier must comply with the requirement within the stated 21
period, unless the occupier has a reasonable excuse. 22
Maximum penalty for subsection (5)--50 penalty units. 23
204 Health records forming part of deceased estate 24
(1) This section applies if health records form part of a deceased estate. 25
(2) The personal representative of the deceased person concerned may 26
deliver the records into the possession of the board to be dealt with under 27
this division. 28
s 205 114 s 207
Dental Technicians and Dental Prosthetists
Registration Bill 2001
205 Health records of persons convicted of an offence against s 125(1) 1
or (6) or 126 2
(1) This section applies to a person who is convicted of an offence 3
against section 125(1) or (6) or 126.42 4
(2) The board may give the person notice to deliver health records in the 5
possession or control of the person into the possession of the board to be 6
dealt with under this division. 7
(3) The person must within 14 days after receiving the notice deliver the 8
records into the possession of the board. 9
Maximum penalty--50 penalty units. 10
(4) If the person does not comply with the notice, the board may take 11
and keep possession of the records. 12
206 Dealing with certain health records seized under s 158 or 159 13
(1) This section applies if, under section 158 or 159,43 an inspector seizes 14
health records that the board may take and keep possession of under 15
section 203 or 205. 16
(2) The inspector must deliver the health records into the possession of 17
the board to be dealt with under this division. 18
(3) Sections 164, 167 and 16844 do not apply to health records delivered 19
to the board under subsection (2). 20
207 How board may deal with health records 21
(1) This section applies if the board takes possession of a health record 22
under this division. 23
(2) The board may-- 24
(a) give the record to the person to whom the record relates; or 25
42 Section 125 (Taking of restricted titles etc.) or 126 (Claims by persons as to
registration)
43 Section 158 (Seizing evidence at a place that may be entered without consent or
warrant) or 159 (Seizing evidence at a place that may only be entered with consent
or warrant)
44 Sections 164 (Forfeiture of seized things), 167 (Return of seized things) and
168 (Access to seized things)
s 208 115 s 209
Dental Technicians and Dental Prosthetists
Registration Bill 2001
(b) if directed by the person, give the record to a registrant under a 1
health practitioner registration Act chosen by the person; or 2
(c) if the board can not find the person after making reasonable 3
inquiries, keep the record; or 4
(d) if the board can not find the person, after making reasonable 5
inquiries, and decides it is no longer necessary to keep the 6
record, destroy the record. 7
(3) To remove doubt, it is declared that the board is taken to be keeping a 8
health record if another body stores the record on its behalf. 9
208 Destruction of health records 10
(1) This section applies if the board destroys a health record under 11
section 207(2)(d). 12
(2) Compensation is not recoverable against the board because of the 13
destruction of the record. 14
Division 2--Continuing professional education of registrants 15
209 Continuing professional education programs 16
(1) The board may develop or recognise a program for the continuing 17
professional education of registrants in a profession. 18
(2) The board must give notice to all registrants in the profession, to 19
whom the program is relevant, of details of the program. 20
(3) The program may state the minimum continuing professional 21
education requirements a registrant in the profession needs to satisfy, in a 22
stated period, to keep up-to-date with developments in the practice of the 23
profession. 24
(4) A registrant who has satisfied the requirements in the stated period 25
may advertise this fact. 26
(5) A registrant who has not satisfied the requirements in the stated 27
period must not advertise that the registrant has satisfied the requirements. 28
Maximum penalty for subsection (5)--50 penalty units. 29
s 210 116 s 211
Dental Technicians and Dental Prosthetists
Registration Bill 2001
Division 3--Declared events 1
210 Definitions for div 3 2
In this division-- 3
"declaration period" see section 211(3). 4
"declared event" means an event declared to be a declared event under 5
section 211(1). 6
"interstate law" means a law of another State that provides for the same 7
matter as this Act. 8
"local practitioner" means a person registered under this Act. 9
"participant" means a person who is officially participating in, or 10
preparing for, a declared event. 11
"prepare" includes the following-- 12
(a) train; 13
(b) practise; 14
(c) rehearse; 15
(d) acclimatise. 16
"visiting practitioner", in relation to a declared event, means a person 17
who-- 18
(a) is not a local practitioner; and 19
(b) is registered under an interstate law in a profession; and 20
(c) is appointed, employed, contracted or otherwise engaged to 21
provide professional services to a participant in relation to the 22
event. 23
211 Declaration of events 24
(1) The Minister may, by notice, declare a sporting, cultural or other 25
event to be a declared event for this Act. 26
(2) The notice must be for an event taking place, or to take place, in the 27
State that will or is likely to attract a significant number of participants. 28
(3) The notice must state a period during which the declaration is to 29
remain in force (the "declaration period"). 30
s 212 117 s 213
Dental Technicians and Dental Prosthetists
Registration Bill 2001
(4) The declaration period for the declared event may include a period 1
before or after the declared event takes place. 2
(5) The notice is subordinate legislation. 3
212 Deemed general registration of visiting practitioners 4
(1) This section applies to a visiting practitioner in relation to a declared 5
event. 6
(2) Subject to subsections (4) and (5), the practitioner is taken to be a 7
general registrant in the profession in which the practitioner is registered 8
under an interstate law, during the declaration period for the event, in 9
relation to the provision of professional services to a participant in the 10
event. 11
(3) The practitioner's deemed general registration under subsection (2) 12
is taken to be subject to any conditions of the practitioner's registration 13
under an interstate law in the profession. 14
(4) Part 3, divisions 4 to 7 and 945 do not apply to the practitioner while 15
the practitioner is taken, under subsection (2), to be a general registrant. 16
(5) The practitioner is not taken to be a registrant for the operation of 17
sections 37(1)(b) and 197.46 18
Division 4--Other provisions 19
213 Protecting officials from liability 20
(1) An official is not civilly liable for an act done, or omission made, 21
honestly and without negligence under this Act. 22
(2) If subsection (1) prevents a civil liability attaching to an official, the 23
liability attaches instead to the board. 24
(3) In this section-- 25
"official" means-- 26
45 Part 3 (Registration), divisions 4 (Renewal of general registrations), 5 (Restoration
of general registrations), 6 (Cancellation of general registrations), 7 (Reviewing
conditions of general registrations) and 9 (General provisions about registrations)
46 Sections 37 (Matters to be included in annual report) and 197 (Register to be kept)
s 214 118 s 216
Dental Technicians and Dental Prosthetists
Registration Bill 2001
(a) a member; or 1
(b) a committee member who is not a board member; or 2
(c) the executive officer; or 3
(d) a person appointed by the board to conduct a health assessment 4
of another person; or 5
(e) an inspector; or 6
(f) a person acting under the direction or authority of an inspector. 7
214 False or misleading information or documents 8
(1) A person must not give information to the board the person knows is 9
false or misleading in a material particular. 10
Maximum penalty--50 penalty units. 11
(2) A person must not give the board a document containing information 12
the person knows is false or misleading in a material particular. 13
Maximum penalty--50 penalty units. 14
(3) Subsection (2) does not apply to a person if the person, when giving 15
the document-- 16
(a) tells the board, to the best of the person's ability, how it is false or 17
misleading; and 18
(b) if the person has, or can reasonably obtain, the correct 19
information, gives the correct information. 20
215 Certificates etc. not to be false or misleading 21
A registrant must not, in the registrant's professional capacity, sign or 22
give to another person, a certificate, notice, report or other document the 23
registrant knows is false or misleading in a material particular. 24
Maximum penalty--50 penalty units. 25
216 Application of provisions 26
(1) This section applies if a provision of this Act applies another 27
provision of this Act for a purpose. 28
s 217 119 s 219
Dental Technicians and Dental Prosthetists
Registration Bill 2001
(2) The other provision, and any definition relevant to the other 1
provision, apply with any necessary changes. 2
(3) Subsection (2) is not limited merely because a provision states how 3
the other provision is to apply. 4
217 Approval of forms 5
The board may approve forms for use under this Act. 6
218 Examination fees 7
A person who sits an examination set and administered by the board 8
under this Act must, before sitting the examination, pay the board the fee 9
for the examination prescribed under a regulation. 10
219 Regulation-making power 11
(1) The Governor in Council may make regulations under this Act. 12
(2) A regulation may be made about the following-- 13
(a) fees, including the refunding of fees, for this Act; 14
(b) imposing a penalty of not more than 20 penalty units for a 15
contravention of a provision of a regulation. 16
(3) Without limiting subsection (2)(a), a regulation may prescribe 17
amounts as fees having regard to the costs of the board performing its 18
functions under, or complying with-- 19
(a) an Act in the legislative scheme; or 20
(b) another Act. 21
s 220 120 s 223
Dental Technicians and Dental Prosthetists
Registration Bill 2001
PART 10--REPEAL, TRANSITIONAL AND SAVINGS 1
PROVISIONS 2
Division 1--Repeal 3
220 Repeal of Dental Technicians and Dental Prosthetists Act 1991 4
The Dental Technicians and Dental Prosthetists Act 1991 (1991 Act 5
No. 57) is repealed. 6
Division 2--Transitional provisions 7
221 Definitions for div 2 8
In this division-- 9
"column 1 registration" see section 232(1). 10
"column 2 registration" see section 232(2). 11
"commencement" means commencement of this section. 12
"former board" means the Dental Technicians and Dental Prosthetists 13
Board of Queensland under the repealed Act. 14
"item", followed by a number, in relation to a column 1 or 2 registration, 15
means the column 1 or 2 registration identified in the table in 16
section 232(1) by the item number. 17
222 References to repealed Act or former board 18
(1) In an Act or document, a reference to the repealed Act may, if the 19
context permits, be taken as a reference to this Act. 20
(2) A reference in an Act or document to the former board may, if the 21
context permits, be taken as a reference to the board. 22
223 Board is the legal successor 23
(1) The board is the successor in law of the former board. 24
(2) Sections 224 to 228 do not limit subsection (1). 25
s 224 121 s 228
Dental Technicians and Dental Prosthetists
Registration Bill 2001
224 Assets and liabilities etc. 1
On the commencement-- 2
(a) the assets and liabilities of the former board become assets and 3
liabilities of the board; and 4
(b) any contracts entered into by or on behalf of the former board 5
and all guarantees, undertakings and securities given by or on 6
behalf of the former board, in force immediately before the 7
commencement, are taken to have been entered into or given by 8
or to the board and may be enforced against or by the board; and 9
(c) any property that, immediately before the commencement, was 10
held on trust, or subject to a condition, by the former board 11
continues to be held by the board on the same trusts, or subject to 12
the same condition. 13
225 Service agreements 14
A service agreement entered into by the former board, in force 15
immediately before the commencement, is taken to have been entered into 16
by the board. 17
226 Proceedings 18
A proceeding that could have been started or continued by or against the 19
former board before the commencement may be started or continued by or 20
against the board. 21
227 Dealing with matter under Health Practitioners (Professional 22
Standards) Act 1999 23
A matter that had started to be, or could have been, dealt with under the 24
Health Practitioners (Professional Standards) Act 1999 by the former 25
board before the commencement may be continued, or started, to be dealt 26
with by the board. 27
228 Offences 28
(1) Proceedings for an offence against the repealed Act may be 29
continued, or started by the board, and the provisions of the repealed Act 30
and the Medical Act and Other Acts (Administration) Act 1966 necessary 31
s 229 122 s 229
Dental Technicians and Dental Prosthetists
Registration Bill 2001
or convenient to be used in relation to the proceedings continue to apply, as 1
if this Act had not commenced. 2
(2) For subsection (1), the Acts Interpretation Act 1954, section 2047 3
applies, but does not limit the subsection. 4
(3) This section has effect despite the repeal of the Medical Act and 5
Other Acts (Administration) Act 1966. 6
229 Membership of board 7
(1) From the commencement, the board consists of the existing 8
members. 9
(2) Also, the board may include other persons appointed by the 10
Governor in Council (the "additional members"). 11
(3) However, the first board must not consist of more than 11 members. 12
(4) An existing member holds office as a member until the earlier of the 13
following days-- 14
(a) the day the existing member's term of appointment under the 15
repealed Act would have ended if this Act had not commenced; 16
(b) if the existing member vacates office under this Act before the 17
day mentioned in paragraph (a), the day the existing member 18
vacates office. 19
(5) An additional member is to be appointed for a term that ends on or 20
before the day when the existing members' terms of appointment under the 21
repealed Act would have ended if this Act had not commenced. 22
(6) If a person, including an existing member, appointed to the board 23
under this section is a registrant, the person is taken to be a registrant 24
member. 25
(7) The Governor in Council may appoint a person to fill the office of a 26
member of the first board if it is vacant. 27
(8) This section has effect despite sections 15 to 18 and 20.48 28
(9) In this section-- 29
47 Acts Interpretation Act 1954, section 20 (Saving of operation of repealed Act etc.)
48 Sections 15 (Membership of board), 16 (Registrant members), 17 (Public members),
18 (Certain nominee board members) and 20 (Term of appointment)
s 230 123 s 231
Dental Technicians and Dental Prosthetists
Registration Bill 2001
"existing member" means a person who, immediately before the 1
commencement, held office as a member of the former board. 2
"first board" means the board as constituted under this section. 3
230 Chairperson and deputy chairperson of board 4
(1) From the commencement-- 5
(a) the existing chairperson is taken to be the chairperson of the 6
board as constituted under section 229; and 7
(b) the existing deputy chairperson is taken to be the deputy 8
chairperson of the board as constituted under section 229. 9
(2) The existing chairperson ceases to hold office as the chairperson if 10
the existing chairperson vacates the office of chairperson under this Act. 11
(3) The existing deputy chairperson ceases to hold office as the deputy 12
chairperson if the existing deputy chairperson vacates the office of deputy 13
chairperson under this Act. 14
(4) This section has effect despite section 19(1) and (3).49 15
(5) In this section-- 16
"existing chairperson" means the person who, immediately before the 17
commencement, held office as the chairperson of the former board. 18
"existing deputy chairperson" means the person who, immediately 19
before the commencement, held office as the deputy chairperson of 20
the former board. 21
231 Appeals 22
(1) Subsection (2) applies if-- 23
(a) a person has appealed to the District Court under repealed 24
section 53 before the commencement against a decision of the 25
former board; and 26
(b) the appeal has not been decided before the commencement. 27
(2) The District Court may hear, or continue to hear, and decide the 28
appeal under the repealed Act as if this Act had not commenced. 29
49 Section 19 (Chairperson and deputy chairperson of board)
s 232 124 s 232
Dental Technicians and Dental Prosthetists
Registration Bill 2001
(3) Subsection (4) applies if-- 1
(a) immediately before the commencement a person could have 2
appealed to the District Court under the repealed section 53 3
against a decision of the former board; and 4
(b) the person has not appealed before the commencement. 5
(4) The person may appeal, and the District Court may hear and decide 6
the appeal, under the repealed Act as if this Act had not commenced. 7
(5) For giving effect to its decision under subsection (2) or (4), the 8
District Court may make the orders it considers necessary having regard to 9
the provisions of this Act. 10
11
Example for subsection (5)--
12
On an appeal by a person against a decision of the former board to refuse to register the
13
person as a dental technician or dental prosthetist under the repealed Act, the District
14
Court may order that the board register the person under this Act.
(6) In this section-- 15
"repealed section 53" means section 53 of the repealed Act. 16
232 Existing registrations 17
(1) This section applies to a person who immediately before the 18
commencement was registered, under the repealed Act, for a category of 19
registration mentioned in column 1 of the following table (the "column 1 20
registration")-- 21
Table 22
23
column 1 column 2
1. registration as a dental technician general registration
under section 25(1) of the repealed as a dental technician
Act
2. registration as a dental prosthetist general registration
under section 25(2) of the repealed as a dental
Act prosthetist
s 233 125 s 233
Dental Technicians and Dental Prosthetists
Registration Bill 2001
column 1 column 2
3. provisional registration as a dental provisional general
technician under section 29 of the registration as a
repealed Act dental technician
4. provisional registration as a dental provisional general
prosthetist under section 29 of the registration as a
repealed Act dental prosthetist.
(2) The person is taken to be registered for the category of registration 1
mentioned in column 2 of the table (the "column 2 registration") shown 2
opposite the column 1 registration. 3
(3) If the column 1 registration was, immediately before the 4
commencement, subject to conditions, the column 2 registration is taken to 5
be subject to the conditions. 6
(4) Despite section 56,50 the column 2 registration continues until the 7
later of the following days-- 8
(a) 30 April first happening after the commencement; 9
(b) the day that is 3 months after the commencement. 10
(5) However, subsection (4) stops applying if the column 2 registration 11
is surrendered or cancelled. 12
233 Existing applications for certain column 1 registrations 13
(1) An application for an item 1 or 2 column 1 registration made under 14
the repealed Act, and not decided before the commencement, must be 15
decided under this Act. 16
(2) The application is taken to be for the column 2 registration shown 17
opposite the column 1 registration. 18
(3) Part 3, division 251 applies to the application. 19
50 Section 56 (Period)
51 Part 3 (Registration), division 2 (Applications for general registration)
s 234 126 s 236
Dental Technicians and Dental Prosthetists
Registration Bill 2001
(4) However, the provisions of part 3, division 2 dealing with making the 1
application in the approved form and paying the application fee and 2
registration fee, that would otherwise apply do not apply to the application. 3
234 Existing applications for restoration of certain column 1 4
registrations 5
(1) An application for the restoration of an item 1 or 2 column 1 6
registration made under section 31(4) of the repealed Act, and not decided 7
before the commencement, must be decided under this Act. 8
(2) The application is taken to be for the restoration of the column 2 9
registration shown opposite the column 1 registration. 10
(3) Part 3, division 552 applies to the application. 11
(4) However, the following provisions do not apply to the application-- 12
(a) the provisions, applied by section 76,53 to the extent to which 13
they relate to recency of practice requirements; 14
(b) sections 77, 78 and 82.54 15
235 Suspended registrations 16
(1) This section applies if an item 1 or 2 column 1 registration has been 17
suspended and the period of suspension has not ended before the 18
commencement. 19
(2) The suspension is taken to continue as a suspension of the column 2 20
registration shown opposite the column 1 registration. 21
236 Approval of business names under repealed Act 22
(1) This section applies if-- 23
(a) immediately before the commencement-- 24
52 Part 3 (Registration), division 5 (Restoration of general registrations)
53 Section 76 (Application of div 4, sdivs 1 and 3)
54 Sections 77 (When an application for restoration of a general registration may be
made), 78 (Procedural requirements for applications) and 82 (When recency of
practice conditions take effect)
s 237 127 s 239
Dental Technicians and Dental Prosthetists
Registration Bill 2001
(i) there was in effect an approval of a name under the Dental 1
Technicians and Dental Prosthetists Act 1991, section 35 2
(the "approval provision"); or 3
(ii) an application for approval of a name under the approval 4
provision had not been finally dealt with; and 5
(b) the holder of the approval or applicant is taken to be registered 6
under section 232. 7
(2) The holder or applicant is taken to have given the board notice of the 8
name as a business name under section 130(1).55 9
237 Sections 130 and 133 ineffective for 6 months 10
(1) Sections 130 and 13356 have no effect for 6 months after they 11
commence. 12
(2) However, a person may give the board a notice mentioned in 13
section 130 within the 6 month period. 14
238 Records 15
(1) This section applies if-- 16
(a) a registration was affected under the repealed Act; and 17
(b) immediately before the commencement, the former board held a 18
record of the details of the way the registration was affected and 19
the reason for it being affected. 20
(2) The record must be kept by the board for at least 10 years after the 21
commencement. 22
239 Certain Act has not been repealed 23
(1) This section applies if an Act mentioned in column 2 of the following 24
table (the "column 2 Act") has not been repealed-- 25
55 Section 130 (Notification of business names etc.)
56 Sections 130 (Notification of business names etc.) and 133 (Information to appear in
advertisements)
s 239 128 s 239
Dental Technicians and Dental Prosthetists
Registration Bill 2001
Table 1
2
Column 1 Column 2
Chiropractors Registration Act Chiropractors and
2001 Osteopaths Act 1979
Dental Practitioners Registration Dental Act 1971
Act 2001
Medical Practitioners Registration Medical Act 1939
Act 2001
Occupational Therapists Occupational Therapists
Registration Act 2001 Act 1979
Optometrists Registration Act 2001 Optometrists Act 1974
Osteopaths Registration Act 2001 Chiropractors and
Osteopaths Act 1979
Pharmacists Registration Act 2001 Pharmacy Act 1976
Physiotherapists Registration Physiotherapists Act 1964
Act 2001
Podiatrists Registration Act 2001 Podiatrists Act 1969
Psychologists Registration Psychologists Act 1977
Act 2001
Speech Pathologists Registration Speech Pathologists Act 1979.
Act 2001
(2) A reference in schedule 4, definition "health practitioner registration 3
Act" to the Act mentioned in column 1 of the table shown opposite the 4
column 2 Act is taken to be a reference to the column 2 Act. 5
s 245 129 s 248
Dental Technicians and Dental Prosthetists
Registration Bill 2001
Division 3--Savings provisions 1
57
2
245 Continuation of section of regulation under repealed Act 3
(1) The Dental Technicians and Dental Prosthetists Regulation 1998, 4
section 2, as in force immediately before the commencement of this 5
section, and as amended by section 249 (the "saved provision"), continues 6
to have effect and is taken to be a regulation under this Act for all purposes, 7
including amendment and repeal by regulation. 8
(2) A regulation under this Act may relocate the saved provision to a 9
regulation under this Act and for that purpose renumber the saved 10
provision. 11
246 References to Dental Practitioners Registration Act 2001 12
(1) Subsection (2) applies if the Dental Act 1971 has not been repealed. 13
(2) A reference in this division to the Dental Practitioners Registration 14
Act 2001 is taken to be a reference to the Dental Act 1971. 15
PART 11--CONSEQUENTIAL AND OTHER 16
AMENDMENTS 17
247 Amendment of Acts 18
Schedule 2 amends the Acts mentioned in it. 19
248 Amendment of Dental Technicians and Dental Prosthetists Act 20
1991 21
Schedule 3 amends the Dental Technicians and Dental Prosthetists Act 22
1991 and relocates certain provisions of that Act to part 10, division 3. 23
57 Section 248 and schedule 3 amend the Dental Technicians and Dental Prosthetists
Act 1991 and relocates certain provisions of that Act to this division.
130
Dental Technicians and Dental Prosthetists
Registration Bill 2001
249 Amendment of Dental Technicians and Dental Prosthetists 1
Regulation 1998 2
(1) This section amends the Dental Technicians and Dental Prosthetists 3
Regulation 1998. 4
(2) Section 2, heading, `Act, s 3(1)'-- 5
omit, insert-- 6
`Act, s 240(1)'. 7
131
Dental Technicians and Dental Prosthetists
Registration Bill 2001
SCHEDULE 1 1
DECISIONS FOR WHICH INFORMATION NOTICES 2
MUST BE GIVEN 3
section 180(2) 4
5
Section Description of decision
51 Deciding to refuse to register an
applicant for general registration
as a general registrant
51, as applied by section 103 Deciding to refuse to register an
applicant for special purpose
registration as a special purpose
registrant
57 Deciding to register a person as a
general registrant on conditions
and deciding the review period
applying to the conditions
73 Deciding to refuse to renew a
general registration
73, as applied by section 76 Deciding to refuse to restore a
general registration
73 as applied by section 110 Deciding to refuse to renew a
special purpose registration
74 Deciding to renew a general
registration on recency of practice
conditions and deciding the
review period applying to the
conditions
132
Dental Technicians and Dental Prosthetists
Registration Bill 2001
SCHEDULE 1 (continued)
Section Description of decision
74, as applied by section 76 Deciding to restore a general
registration on recency of practice
conditions and deciding the
review period applying to the
conditions
87 Deciding to cancel a general
registration
87, as applied by section 114 Deciding to cancel a special
purpose registration
95 Deciding to confirm or change
conditions of a general
registration and deciding the
review period applying to the
conditions
108 Deciding to register a person as a
special purpose registrant on
conditions
112 Deciding to renew a special
purpose registration on
conditions
120 Deciding to refuse to grant an
application for the replacement of
a certificate of registration
164(1)(c) Decision resulting in a thing
being forfeited to the State
1
133
Dental Technicians and Dental Prosthetists
Registration Bill 2001
SCHEDULE 2 1
CONSEQUENTIAL AMENDMENTS OF ACTS 2
section 247 3
COMMISSION FOR CHILDREN AND YOUNG PEOPLE 4
ACT 2000 5
1 Schedule 4, definition "registered health practitioner", ` Dental 6
Technicians and Dental Prosthetists Act 1991'-- 7
insert-- 8
`Dental Technicians and Dental Prosthetists Registration Act 2001'. 9
HEALTH ACT 1937 10
1 Section 5(1), definition "health practitioner registration Act", 11
`Dental Technicians and Dental Prosthetists Act 1991'-- 12
omit, insert-- 13
`Dental Technicians and Dental Prosthetists Registration Act 2001'. 14
HEALTH PRACTITIONER REGISTRATION BOARDS 15
(ADMINISTRATION) ACT 1999 16
1 Schedule, definition "health practitioner registration Act", 17
`Dental Technicians and Dental Prosthetists Act 1991'-- 18
omit, insert-- 19
`Dental Technicians and Dental Prosthetists Registration Act 2001'. 20
134
Dental Technicians and Dental Prosthetists
Registration Bill 2001
SCHEDULE 2 (continued)
HEALTH PRACTITIONERS (PROFESSIONAL 1
STANDARDS) ACT 1999 2
1 Schedule, definition "health practitioner registration Act", 3
`Dental Technicians and Dental Prosthetists Act 1991'-- 4
omit, insert-- 5
`Dental Technicians and Dental Prosthetists Registration Act 2001'. 6
2 Schedule, definition "profession", paragraphs (c) and (d)-- 7
omit, insert-- 8
`(c) for a registrant who is a dental prosthetist under the Dental 9
Technicians and Dental Prosthetists Registration Act 2001--the 10
dental prosthetics profession; 11
(d) for a registrant who is a dental technician under the Dental 12
Technicians and Dental Prosthetists Registration Act 2001--the 13
dental technology profession;'. 14
HEALTH PRACTITIONERS (SPECIAL EVENTS 15
EXEMPTION) ACT 1998 16
1 Schedule, definition "health registration Act", `Dental Technicians 17
and Dental Prosthetists Act 1991'-- 18
omit, insert-- 19
`Dental Technicians and Dental Prosthetists Registration Act 2001'. 20
135
Dental Technicians and Dental Prosthetists
Registration Bill 2001
SCHEDULE 2 (continued)
HEALTH RIGHTS COMMISSION ACT 1991 1
1 Schedule 2, item 3-- 2
omit, insert-- 3
`3. Dental Technicians and Dental Prosthetists Board of Queensland'. 4
HEALTH SERVICES ACT 1991 5
1 Section 63(6), `Dental Technicians and Dental Prosthetists Act 6
1991'-- 7
omit, insert-- 8
`Dental Technicians and Dental Prosthetists Registration Act 2001'. 9
MEDICAL ACT AND OTHER ACTS 10
(ADMINISTRATION) ACT 1966 11
1 Title, `the Dental Technicians and Dental Prosthetists Act 1991,'-- 12
omit. 13
2 Section 4(1)(e)-- 14
omit. 15
136
Dental Technicians and Dental Prosthetists
Registration Bill 2001
SCHEDULE 2 (continued)
RADIATION SAFETY ACT 1999 1
1 Schedule 2, definition "health practitioner registration Act", 2
`Dental Technicians and Dental Prosthetists Act 1991'-- 3
omit, insert-- 4
`Dental Technicians and Dental Prosthetists Registration Act 2001'. 5
137
Dental Technicians and Dental Prosthetists
Registration Bill 2001
SCHEDULE 3 1
AMENDMENT OF DENTAL TECHNICIANS AND 2
DENTAL PROSTHETISTS ACT 1991 3
section 248 4
1 Section 3(1), `In this Act'-- 5
omit, insert-- 6
`In this division'. 7
2 Section 3(1), definitions "Board", "chairperson", "commencing 8
day", "dentist", "deputy chairperson", "fee", "register", 9
"registered", "registrar", "utter"-- 10
omit. 11
3 Section 3(1)-- 12
insert-- 13
` "dentist" means a person registered under the Dental Practitioners 14
Registration Act 2001.'. 15
4 Sections 3(2) and (4) and 4, `Act'-- 16
omit, insert-- 17
`division'. 18
5 Section 4, heading, `Act'-- 19
omit, insert-- 20
`div 3'. 21
138
Dental Technicians and Dental Prosthetists
Registration Bill 2001
SCHEDULE 3 (continued)
6 Sections 31A, 33(5) and (6) and 34, `registered'-- 1
omit. 2
7 Section 31A, `of dental prosthetists'-- 3
omit. 4
8 Section 33, heading, `registered persons'-- 5
omit, insert-- 6
`registrants'. 7
9 Section 33(1), from `not--' to `technician.'-- 8
omit, insert-- 9
`not perform dental technical work for fee or reward unless the person is 10
a dental technician.'. 11
10 Section 33(1), penalty-- 12
omit, insert-- 13
`Maximum penalty--17 penalty units.'. 14
11 Section 33(2), from `not--' to `prosthetist.'-- 15
omit, insert-- 16
`not provide dental prosthetic services for fee or reward unless the 17
person is a dental prosthetist.'. 18
12 Section 33(2), penalty-- 19
omit, insert-- 20
`Maximum penalty--35 penalty units.'. 21
139
Dental Technicians and Dental Prosthetists
Registration Bill 2001
SCHEDULE 3 (continued)
13 Section 33(3)-- 1
omit. 2
14 Section 33(4), `registered as'-- 3
omit. 4
15 Section 34(2)(b)(i), from `whose' to `completion of'-- 5
omit, insert-- 6
`who has successfully completed'. 7
16 Section 34(2)(b)(ii), `of dental prosthetists under section 31A'-- 8
omit, insert-- 9
`under section 242'. 10
17 Sections 3, 4, 31A, 33 and 34-- 11
relocate to Dental Technicians and Dental Prosthetists Registration Act 12
2001 and in that Act insert and renumber, in part 10, division 3, as 13
sections 240 to 244. 14
140
Dental Technicians and Dental Prosthetists
Registration Bill 2001
SCHEDULE 4 1
DICTIONARY 2
section 8 3
"accepted representations" see section 85(2). 4
"advertise" includes-- 5
(a) placing an entry in a directory; and 6
(b) displaying a sign; and 7
(c) using printed stationery. 8
"appellant" see section 180(1). 9
"application fee" see section 42(1)(c)(ii). 10
"approved form" means a form approved by the board. 11
"assessment report" see section 48(1). 12
"authorised person", for part 3, division 3, see section 59(1). 13
"board" means the Dental Technicians and Dental Prosthetists Board of 14
Queensland. 15
"business name", of a business, means a name or style under which the 16
business is carried on. 17
"certificate of general registration" means a certificate of general 18
registration issued under part 3. 19
"certificate of provisional general registration" means a certificate of 20
provisional general registration issued under section 60(5). 21
"certificate of provisional special purpose registration" means a 22
certificate of provisional special purpose registration issued under 23
part 3, division 8. 24
"certificate of registration" means a certificate of general registration, 25
certificate of provisional general registration, certificate of special 26
purpose registration or certificate of provisional special purpose 27
registration. 28
141
Dental Technicians and Dental Prosthetists
Registration Bill 2001
SCHEDULE 4 (continued)
"certificate of special purpose registration" means a certificate of special 1
purpose registration issued under part 3, division 8. 2
"certified copy", of a certificate of registration, means a copy that is 3
certified by the board as being a true copy of the certificate. 4
"chairperson" means the chairperson of the board appointed under 5
section 19(1). 6
"column 1 registration", for part 10, division 2, see section 221. 7
"column 2 registration", for part 10, division 2, see section 221. 8
"commencement", for part 10, division 2, see section 221. 9
"committee" means a committee of the board established under 10
section 33(1). 11
"convicted", of an offence, means being found guilty of the offence, on a 12
plea of guilty or otherwise, whether or not a conviction is recorded. 13
"corresponding law" means a law applying, or that applied, in another 14
State, the Commonwealth or a foreign country that provides, or 15
provided, for the same matter as-- 16
(a) a health practitioner registration Act or the Health Practitioners 17
(Professional Standards) Act 1999; or 18
(b) a provision of a health practitioner registration Act or the Health 19
Practitioners (Professional Standards) Act 1999. 20
"declaration period", for part 9, division 3, see section 210. 21
"declared event", for part 9, division 3, see section 210. 22
"dental prosthetist" means a person registered under this Act in the dental 23
prosthetics profession. 24
"dental technician" means a person registered under this Act in the dental 25
technology profession. 26
"deputy chairperson" means the deputy chairperson of the board 27
appointed under section 19(1). 28
"document production requirement" see section 171(5). 29
"educational institution" means a university, training institution or 30
professional college engaged in the education of persons in the 31
practice of a profession. 32
142
Dental Technicians and Dental Prosthetists
Registration Bill 2001
SCHEDULE 4 (continued)
"executive officer" means the executive officer appointed under the 1
Health Practitioner Registration Boards (Administration) Act 1999. 2
"executive officer", of a corporation, means a person who is concerned 3
with, or takes part in, the corporation's management, whether or not 4
the person is a director or the person's position is given the name of 5
executive officer. 6
"facsimile warrant" see section 153(4). 7
"foreign regulatory authority" means-- 8
(a) an interstate regulatory authority; or 9
(b) an entity established under a law applying in a foreign country, 10
other than New Zealand, having functions similar to the board's 11
functions under this Act or the Health Practitioners 12
(Professional Standards) Act 1999. 13
"former board", for part 10, division 2, see section 221. 14
"former registrant" means a person who was, but is not currently, 15
registered under part 3. 16
"general registrant" means a person registered, under part 3, as a general 17
registrant, but does not include a provisional general registrant. 18
"general registration" means registration of a person as a general 19
registrant under part 3. 20
"general registration period"see section 56(1). 21
"health assessment", in relation to a person, includes-- 22
(a) a physical, medical, psychiatric or psychological examination or 23
test of the person; and 24
(b) asking questions to assess the person's mental and physical 25
health. 26
"Health Insurance Commission" means the Health Insurance 27
Commission established under the Health Insurance Commission Act 28
1973 (Cwlth), section 4. 29
"health practitioner registration Act" means any of the following Acts-- 30
· this Act 31
· Chiropractors Registration Act 2001 32
143
Dental Technicians and Dental Prosthetists
Registration Bill 2001
SCHEDULE 4 (continued)
· Dental Practitioners Registration Act 2001 1
· Medical Practitioners Registration Act 2001 2
· Medical Radiation Technologists Registration Act 2001 3
· Occupational Therapists Registration Act 2001 4
· Optometrists Registration Act 2001 5
· Osteopaths Registration Act 2001 6
· Pharmacists Registration Act 2001 7
· Physiotherapists Registration Act 2001 8
· Podiatrists Registration Act 2001 9
· Psychologists Registration Act 2001 10
· Speech Pathologists Registration Act 2001. 11
"health records", for part 9, division 1, see section 202. 12
"health service" means a service for maintaining, improving or restoring 13
people's health and wellbeing. 14
"impose", a condition, includes change or confirm the condition. 15
"information notice", for a decision of the board or an inspector, is a 16
notice stating the following-- 17
(a) the decision; 18
(b) the reasons for the decision; 19
(c) that the person to whom the notice is given may appeal against 20
the decision within 28 days; 21
(d) how the person may appeal against the decision to the District 22
Court; 23
(e) if the decision is that a person be registered on conditions-- 24
(i) for a general registration--the review period applying to the 25
conditions; and 26
(ii) for conditions imposed because of the person's mental and 27
physical health, the details of which it has been decided 28
under section 57(4) to record in the register--the details that 29
must be recorded in the register for the period for which the 30
conditions are in force; 31
144
Dental Technicians and Dental Prosthetists
Registration Bill 2001
SCHEDULE 4 (continued)
(f) if the decision is that a general registration be renewed or 1
restored on recency of practice conditions, the review period 2
applying to the conditions; 3
(g) if the decision is that a registration be cancelled--a direction to 4
the person-- 5
(i) to return the certificate of registration to the board 6
within 14 days after receiving the notice; and 7
(ii) for a decision that a dental prosthetist's general 8
registration as a dental technician be cancelled--to 9
return the certificate of general registration as a dental 10
prosthetist to the board within 14 days after receiving 11
the notice; 12
(h) if the decision is that the conditions imposed on a general 13
registration be confirmed, the review period applying to the 14
confirmed conditions; 15
(i) if the decision is that the conditions imposed on a general 16
registration be changed-- 17
(i) the review period applying to the changed conditions; and 18
(ii) if the conditions were imposed because of the person's 19
mental and physical health and it is decided under 20
section 100(2) that details of the changed conditions must 21
be recorded in the register, the details that must be recorded 22
in the register for the period for which the changed 23
conditions are in force; and 24
(iii) a direction to the person to return the certificate of 25
registration to the board within 14 days after receiving the 26
notice; and 27
(iv) for a decision that conditions on a dental prosthetist's 28
general registration as a dental technician be changed--a 29
direction to the person to return the certificate of general 30
registration as a dental prosthetist to the board within 14 31
days after receiving the notice. 32
"inspector" means a person who is appointed as an inspector under 33
section 144. 34
"interstate law", for part 9, division 3, see section 210. 35
145
Dental Technicians and Dental Prosthetists
Registration Bill 2001
SCHEDULE 4 (continued)
"interstate regulatory authority" means an entity established under the 1
law of another State or New Zealand having functions similar to the 2
board's functions under this Act or the Health Practitioners 3
(Professional Standards) Act 1999. 4
"item", for part 10, division 2, see section 221. 5
"legislative scheme" see section 4. 6
"local practitioner", for part 9, division 3, see section 210. 7
"medical condition" includes substance abuse or dependence. 8
"member" means a member of the board. 9
"notice" means written notice. 10
"occupier", of a place, includes a person who reasonably appears to be an 11
occupier, or in charge, of the place. 12
"office" means the Office of Health Practitioner Registration Boards under 13
the Health Practitioner Registration Boards (Administration) Act 14
1999. 15
"original decision" see section 180(1). 16
"participant", for part 9, division 3, see section 210. 17
"personal details requirement" see section 169(5). 18
"place" includes premises, vacant land and a vehicle. 19
"place of seizure" see section 160. 20
"possess", a health record, for part 9, division 1, see section 202. 21
"premises" includes-- 22
(a) a building or other structure; and 23
(b) a part of a building or other structure; and 24
(c) land where a building or other structure is situated. 25
"prepare", for part 9, division 3, see section 210. 26
"profession" means-- 27
(a) the dental technology profession; or 28
(b) the dental prosthetics profession. 29
"professional service" means-- 30
146
Dental Technicians and Dental Prosthetists
Registration Bill 2001
SCHEDULE 4 (continued)
(a) for the dental technology profession--a dental technology 1
service; or 2
(b) for the dental prosthetics profession--a dental prosthetic service. 3
"provisional general registrant" means a person registered, under 4
section 60, as a provisional general registrant. 5
"provisional general registration" means registration of a person as a 6
provisional general registrant under section 60. 7
"provisional special purpose registrant" means a person registered, 8
under part 3, division 8, as a provisional special purpose registrant. 9
"provisional special purpose registration" means registration of a person 10
as a provisional special purpose registrant under part 3, division 8. 11
"public members" see section 15(2)(b). 12
"public place" means a place that the public is entitled to use, is open to 13
the public or is used by the public (whether or not on payment of 14
money). 15
"recency of practice conditions" see section 74(2). 16
"recency of practice requirements" see section 68. 17
"register" means the register kept under section 197. 18
"registrant" means a person registered under part 3. 19
"registrant members" see section 15(2)(a). 20
"registration" means registration under part 3. 21
"registration fee" see section 42(1)(c)(iii). 22
"renewable registration" means a general registration or special purpose 23
registration. 24
"repealed Act" means the Dental Technicians and Dental Prosthetists Act 25
1991. 26
"restoration fee" see section 78(1)(b)(i). 27
"restricted title" means-- 28
(a) for the dental technology profession--a title that consists of, or 29
includes, the words `dental technician'; and 30
147
Dental Technicians and Dental Prosthetists
Registration Bill 2001
SCHEDULE 4 (continued)
(b) for the dental prosthetics profession--a title that consists of, or 1
includes, the words `dental prosthetist'. 2
"review period", applying to conditions imposed by the board or the 3
District Court on a general registration, means the period, not more 4
than 3 years after the decision to impose the conditions takes effect, 5
within which the registrant may not apply for a review of the 6
conditions under part 3, division 7. 7
"service agreement" means an agreement made under the Health 8
Practitioner Registration Boards (Administration) Act 1999, between 9
the executive officer and the board, for the provision of administrative 10
and operational support by the office to the board. 11
"show cause notice" see section 84(1). 12
"show cause period" see section 84(2)(e). 13
"special activities" see section 102. 14
"special purpose registrant" means a person registered, under part 3, 15
division 8, as a special purpose registrant, but does not include a 16
provisional special purpose registrant. 17
"special purpose registration" means registration of a person as a special 18
purpose registrant under part 3, division 8. 19
"user", of a registrant's services, includes a person who used the services. 20
"visiting practitioner", for part 9, division 3, see section 210. 21
"warrant form" see section 153(5)(b). 22
© State of Queensland 2001
[Index] [Search] [Download] [Related Items] [Help]